PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

Introduction

This website <https://www.ocutears.co.uk/>) ( ,”website” or “service”) is owned and operated by Santen UK Limited (Salisbury Hall, St Albans, AL2 1BU, UK, URL: https://www.santen.uk/) (“Santen”) to offer to our website visitors (“you”, “your” or “users”) general information about dry eye disease , over the counter treatments for dry eye disease as well as direct access to our products by making a purchase as further described below, the Terms (as defined in the paragraph below) and other information required by applicable laws and regulations.

These terms of use of this website (“Terms”) as well as Santen’s website Privacy Policy govern the use of this website. By accessing or otherwise using this website, you acknowledge that you have read and understood that this website is subject of these Terms as set out below and you represent that you are at least 18 years old.

Santen reserves the right to modify these Terms at any time without prior notice to you. Such modification shall be effective immediately upon posting on this website. Your continued access or use of the website after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms.

License and scope of use

This website, including its “look and feel” and all of its content included but not limited to text, images, graphics, video files are protected under copyright, trademark, and other applicable laws and treaties around the world. These contents belong or are licensed to Santen. All rights reserved.

Nothing contained in this website shall be construed as granting a license or other rights under any patent, trademark, copyright or other intellectual property of Santen or any third party. Santen may discontinue, change or restrict your use of this website for any reason without notice.

The content of this website may not be copied, downloaded, altered, disseminated, made accessible to third parties for purposes other than personal, non-commercial uses without Santen’s express prior permission.

Unless otherwise indicated, all trademarks on this website are protected by trademark law. Santen’s product names, logos, designs, slogans, and trade dress appearing on this website are registered trademarks, service marks, trade names or designs, and are protected by applicable laws. Therefore, any action infringing these rights is strictly prohibited.

Other company, product and service names located on this website may be trademarks or service marks owned by third parties.

Disclaimer and limitation of liability

THIS WEBSITE AND THE INFORMATION IT CONTAINS IS MADE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO GUARANTEE THAT THE INFORMATION ON THIS WEBSITE IS UP-TO-DATE, ACCURATE, OR COMPLETE, AND YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE INFORMATION ON THIS WEBSITE WILL BE FREE OF INTERRUPTION, OR THAT THE WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.

Santen makes reasonable efforts to keep the content of this website accurate, complete and updated, however Santen expressly disclaims any warranty or representation regarding its accuracy, completeness or currency. Moreover, Santen reserves the right to adjust, suspend or discontinue the operation of this website without prior notice and Santen shall not be liable for any damages or losses resulting therefrom.

You are responsible for verifying any information before relying on it. Use of this website and the content available on this website is at your sole risk. It is your responsibility to take measures to prevent damage by computer viruses, worms, etc., and Santen shall not be liable for any damage caused by any such destructive items.
Santen shall not be liable for any damage resulted from the use of the information on this website or this website itself.

Medical or professional services advice disclaimer

The information provided in this website is intended for the general public and relates only to over the counter treatments, not to prescription only medicines. The contents of this website are intended to provide a general information resource on dry eye disease, its causes and range of over the counter treatments, and should not be relied upon or construed as a substitute of or as a medical opinion or medical advice regarding any specific medical issue or factual circumstance. Users of this website are specifically advised to seek medical advice by contacting their healthcare professional immediately regarding any medical condition that may require treatment.

Safety vigilance and Product quality complaints

If you notice any side effects, please seek a medical advice. Your doctor or pharmacist is the best source of information about your health.

As required by applicable law for safety vigilance and product quality and safety purposes we will also receive your enquiry- complaint regarding our products.

For a report on the Safety (Adverse Reaction) and Quality (Quality Complaint) of our Medicines, as well as for information about our products, you can call +44 (0) 345 075 4863 or email medinfo@santen.co.uk.

We will also collect and process your data in order to comply with our legal obligations in the context of drug quality and safety surveillance and reporting.

For more information on how we collect and use your personal data for safety vigilance and product quality complaints please visit our Privacy notice for medical information, safety vigilance and product quality complaints here : https://www.santen.eu/data-privacy/handling-of-medical-information.

Information from users

Santen is not obligated to respond to communications by e-mail or mail forms in association with this website, unless it is required by law. Unless otherwise required by law, and except as dictated by our Privacy Policy, any communication or material provided by you through this website via e-mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and nonproprietary.

Privacy

Any personal identifying information collected through this website will be processed and used in accordance with our Privacy Policy as well as our Cookies Policy incorporated into these Terms by reference. For more information about our privacy practices please email us at privacy-emea@santen.com.

Unless we agree otherwise in writing, we require you to use any personal information that we supply to you about members of our staff and/or third parties only for the purposes for which such information is disclosed to you and in accordance with applicable data protection laws and regulations.

Third party websites and links

We may provide links to third-party websites for your convenience. Such links do not constitute an endorsement by Santen of third-party products or services, or any of the content on any such third-party websites. Please note that Santen holds no responsibility or authority over the contents of such third-party websites and will not be liable for any loss or damage that may arise from your use of them. Access to any websites linked to this website is at your own risk.
Furthermore, you must obtain prior written permission from Santen if you intend to post this website to any other website, or make use of this website other than as set forth in these Terms. Please note that Santen holds no responsibility or authority over the contents of any website that posts or makes use of this Santen website.

Shipping, Handling &Delivery

We will deliver our products to you within UK in accordance with the following options:

• £3.00 2nd class delivery (4-5 working days) FREE over £35.00
• £4.00 1st class (1-2 working days)
• £8.00 Special Delivery or APC overnight* (next working day).

We aim to dispatch orders placed before 1pm Monday to Friday the same day (excluding bank holidays). Orders placed after 1pm will leave on the next working day (so on Friday this will normally mean Monday).

Special Delivery/APC Overnight does not cover Saturday delivery. Therefore, orders placed after 1pm Thursday and before 1pm Friday will be dispatched on Friday and delivered on Monday. Also Special Delivery/APC Overnight do not offer next day delivery to Northern Ireland, certain parts of the Scottish Highlands and offshore islands (e.g. Channel Islands).

We DO NOT deliver to shipping houses such as Aramex House.

If we are out of stock of any items you will be informed via email.

Back Orders

If your item is not in stock, we will back order for you. You will always be emailed with the option to cancel your order if you would rather not wait.

Tax Charges

All prices quoted include UK VAT where appropriate.

Credit Card Security

All payments are handled by Stripe. Inc. and we do not store your credit card details. We have checked and monitor that the payment service provider (PSP) we use is compliant with Payment Card Industry Data Security Standards (PCI-DSS).

Through the PSP above, we accept payments by the following methods:

• Visa
• Visa Electron
• MasterCard
• Maestro
• Paypal
• American Express

When you enter the checkout phase of our site you will be transferred to the secure server of the payment provider you have selected and your browser will activate the “LOCK” icon. This assures you that credit card account numbers and other confidential information cannot be viewed, intercepted or altered. Please note that credit card statements will be debited under the name of ‘Butterflies Healthcare‘.

Guarantee

You have the right to cancel the order at any time up to the end of 14 days after the day on which you receive the goods.

To exercise your right of cancellation, you must give written notice to us by post or e-mail to the address or e-mail address shown below, giving details of the goods ordered and (where appropriate) their delivery.

If you exercise your right of cancellation after the goods have been dispatched/delivered to you, you will be responsible for returning the UNUSED goods to us at your own cost. PLEASE CONTACT US FIRST FOR A RETURNS NUMBER. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.

Once you have notified us that you are cancelling the contract we will refund or recredit you with 30 days for any sum that has been paid by you or debited from your credit card for the goods.

If you do not return the goods as required, we may charge you a sum not exceeding the direct cost of recovering the goods.

Governing law, jurisdiction and severability

These Terms are governed by and interpreted in accordance with the laws of England and Wales. All legal proceedings concerning any disagreements arising out of, in connection with, or relating to the Terms or this website shall be subject to the jurisdiction of the courts of London, England, unless otherwise required by law.

Santen makes no representation that the information in the website is appropriate or available for use in other locations, and access to the Santen website from territories where the content of the website may be illegal is prohibited. Those who choose to access the Santen website from other locations or countries other than England or Wales do so on their own initiative and are responsible for compliance with applicable local laws.

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. In such case, Santen may duly replace any such invalid or unenforceable provision of these Terms with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable provision.

Responsibility and violations

You assume all responsibility for your use of, or access to, this website, including your access to any Santen or other literature obtained through this website, and waive all claims or causes of action against Santen.

Furthermore, you hereby warrant that you will not use this website to:

(a) upload, post, email, or otherwise transmit the content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;

(b) upload, post, email, or otherwise transmit personal data about anyone other than yourself without that person’s prior written consent;

(c) upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

(d) violate any applicable law or regulation in relation to your use of the website including, but not limited to, regulations promulgated by any securities exchange; or

(e) collect or store personal data about other users.

You acknowledge and agree that we may terminate your website access if your conduct is found to be unlawful, violent and incompatible with the spirit and any term of these Terms. In addition, we reserve the right to remove all material that we consider inappropriate, illegal or in any way contrary to our accepted values and ethical standards.

We recommend users who find inappropriate content to contact us immediately at enquiriesuk@santen.com.

Contact information

If you have any question about these Terms, please contact us at: enquiriesuk@santen.com.

Last Updated: August 11th 2023