Optifema Private Medical Limited: Terms of Sale

Last updated: 02 February 2024

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1. Introduction

1.1 The Optifema website is owned and operated by Optifema Private Medical Limited, a company incorporated in Northern Ireland with company number NI70583 and registered office 169a Upper Newtownards Road, Belfast BT4 3HZ

1.2 These Terms of Sale as well as those additional terms and conditions and policies referenced herein and/or available by hyperlink, affect your legal rights and obligations so please read them carefully. You agree to be bound by these Terms of Sale when you purchase products or services from us. If you do not agree to be bound by these Terms of Sale, do not purchase products or services from us.

1.3 We’re at your disposal if you need any help or have any questions regarding our products and services. Simply drop an email to support@optifema.com 

1.4 We reserve the right to update, change or replace any part of these Terms of Sale from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible on our website. Please review these Terms of Sale before each purchase you place so that you are aware of any changes to them. Your continued use of Optifema services following the posting of any changes constitutes acceptance of those changes.

 

2. Other applicable terms 

You should familiarise yourself with our website privacy policy, which applies to your use of our website, and our General Privacy Policy, which sets out the terms on which we handle the personal data you provide to us.

 

3. Compliance 

3.1 As a healthcare service, we must comply with a series of regulatory requirements, including the Health and Social Care Act 2008. Our clinicians are all registered and regulated by relevant UK regulator including but not limited to the General Medical Council, the General Pharmaceutical Council (GPhC) and the Nursing and Midwifery Council

3.2 We may use pharmacies registered with the General Pharmaceutical Council to carry out dispensing on our behalf. We also work with partner pathology labs to analyse all blood samples. Our diagnostic laboratory testing partners are either UKAS accredited or bsi. ISO13485 Medical Devices Quality Management accredited.

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4. Registration 

4.1 By agreeing to treatments and services with Optifema we are creating an electronic patient record within Optifema which will contain the following information: 

• A record of these Terms of Sale and the Privacy Policy which you accepted. 

• Your personal details. 

• Your treatments, consultations, and test results. 

4.2 You acknowledge and agree that we may archive your electronic patient records including your personal information and treatments for a minimum of 8 years following your last consultation or treatment with us. 

4.3 If there are any changes in your medical condition (new diagnosis, new medication, etc.) you are required to email support@optifema.com to let us know. Any updates in your medical situation could affect your suitability for treatment. 

4.4 We will hold your information in accordance with current GDPR requirements

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5. Prescription-only 

5.1 At the end of the consultation, our clinical team and licensed prescribers need to know about any medication you may currently be using, potential allergies, and anything else that can help them assess whether the treatment plan selected for you is the right one for you. 

5.2 If we determine you are suitable for treatment, a prescription will be issued in your name. Additional prescriptions outside the treatment packages will carry an additional charge payable at the time of your consultation or review.

5.3 Please note that professional codes of conduct and legal restrictions may limit the quantity and frequency of any product we and/or our partner pharmacy are permitted to supply to you. 

5.4 Please note that for safety reasons, we do not accept returns of prescription medicines.

5.6 Please note that we cannot dispense more medication than permitted on your prescription. You will therefore not usually be able to get more than one repeat prescription every 30 days, unless it is clinically indicated and prescribed by one of our clinicians 

5.7 Please note that any changes to your prescription frequency is subject to our clinician’s medical assessment.  

 

6. We reserve the right to refuse, pause or cancel treatment if the following occur: 

• You refuse to follow our clinical advice including reading the patient information leaflet prior to commencing any treatment; or 

• You refuse to complete a blood test, including any follow-up blood test when requested to do so by our clinical team; or 

• We consider your condition too high risk or complex to treat and in which case, we may share this information with your GP or other healthcare provider; and 

• We consider your condition is unsuitable for treatment based on Optifema’s in-house guidelines and standard operating procedures.  

6.1 If your blood test results or any part of our clinical assessment indicate abnormalities that we consider potentially critical or harmful to your overall health we will contact you to let you know and advise you to seek medical attention from your existing healthcare provider, GP or hospital. It is your responsibility to be contactable in such instances and we will not be held liable in the event you do not receive or respond to our communication.

6.2 Please be aware that during a consultation with an Optifema Clinician when asked for the purposes of seeking testosterone deficiency treatment or other gender specific medication, we require you to disclose the gender you were assigned at birth. We require this information in order to make an assessment of your suitability for treatment.

 

7. Blood Tests 

7.1 All capillary blood tests at Optifema consist of: 

• Blood sample kit ("Kit") produced by a third-party laboratory and envelope for us to return the test in, as well as instructions on how to take a blood sample. 

• The test itself, which is carried out by a partner laboratory. 

• Preparation of a report containing your personalised results and benchmarks for healthy results against the metrics we have chosen to test against. Reports are prepared by our partner laboratory. 

7.2 The blood testing process itself is carried out by a partner laboratory engaged by us. We reserve the right to change the laboratory from time to time without notice. 

7.3 If the sample taken cannot be tested (for example, if the sample has coagulated or been damaged), then we will require you to attend the Optifema clinic for a second test at no further cost. If that sample also cannot be tested, then we will refund you the Fee paid and advise that you visit your GP to perform the test. 

7.4 If you have any urgent questions about our Blood Testing Services, please email support@optifema.com and we will arrange a more detailed conversation with a clinician. Please be aware that if your query is something that will be discussed at your next scheduled appointment with Optifema an additional fee on top of your package cost will apply. The fee will be the equivalent to a virtual review with a consultant. Fees can be found on Optifema’s website.

 

8. In person / Phone / Virtual Clinic Consultation and tests

8.1 You can book a phone / virtual Clinic Consultation at a date and time that suits you. We shall send you an email to confirm the date and time chosen. If you are unable to make the consultation, you can cancel and receive a full refund of the fee paid provided that you do so at least 24 hours before the start of your consultation and that you have not received any services or treatments prior to the cancellation.

To cancel your in-person consultation / virtual consultation or in-person tests, please contact us using the following email booking@optifema.com (please note that we will refer to the date and time the cancellation email arrived in our inbox as the qualifying date and time for cancellation refunds)  

Please include the following information on your cancellation email:

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I/We* hereby give notice that I/We* cancel my/our* contract for the supply of the following service:
Order number:
Ordered on: [DD/MM/YYYY]
Name:
Address:
Date: [DD/MM/YYYY]
[*] – Delete as appropriate

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8.2 For a variety of reasons, the clinician might need to cancel or postpone your consultation. If they do so and you are unable to arrange an alternative time or date that suits you, then we shall refund you the full fee paid providing you have not received any services from Optifema, if you have received services before the clinician cancels then a part refund will be applicable. 

8.3 Your clinician will call you at the time and date selected. Please select a quiet and appropriate location for the consultation to take place. 

8.4 We shall not be liable for any medical information we are unable to communicate to you if you are unable to access the consultation for any reason within your control, including your failure to use appropriate equipment or insufficient bandwidth and we shall not be required to refund you in in such circumstances. However, if anything occurs that prevents the clinician from contacting you, we shall use reasonable efforts to work with you and the clinician to rearrange the consultation for another time and date.

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9. Cancellations, refunds 

Cancellation Policy:

9.2 We understand that circumstances may arise requiring appointment adjustments. To ensure efficient scheduling and to accommodate other patients, we kindly request a minimum of 24 hours' notice for cancellations.

9.3 You have a right to cancel the contract up to 24 hours prior to your first appointment at Optifema or at any of our partner clinics to receive a full refund.

9.4 Where Optifema has begun to supply the service, the amount of the refund may be reduced to account for the value of services already supplied to you up to the point of cancellation. This amount is calculated by comparing the value of the services already supplied to you to the total paid for the service contract. The process for requesting a refund is detailed at 8.1
9.5 You are also entitled to a refund under consumer law where Optifema does not perform the contract with reasonable care and skill or within the required time periods.
9.6 The rights set out in this agreement do not affect your statutory rights or other rights under common law. These include the right to seek damages for reasonably foreseeable losses resulting from negligence or breach of contract by Optifema.
9.7 If you wish to obtain a refund, you should send the following contact form by email to support@optifema.com
 

I/We* hereby give notice that I/We* cancel my/our* contract for the supply of the following service:
Order number:
Ordered on: [DD/MM/YYYY]
Name:
Address:
Date: [DD/MM/YYYY]
[*] – Delete as appropriate

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9.8 If you need to cancel or reschedule, please notify us by telephone or email at least 24 hours prior to your appointment time, our telephone and email can be found on our website. Failure to provide adequate notice may result in the forfeiture of any fees paid for the scheduled appointment.

9.9 We appreciate your understanding and cooperation in maintaining the quality and availability of our services. If you have any questions or concerns, please feel free to contact our office.

9.10 If you are entitled to a refund, the price paid for a service will be refunded to you by the same method that you used to pay. Refunds will be made once the matter is settled between our customer care team and yourself. You should expect your refund to reach your bank within 4-5 working days of it being issued.  

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10. Cancellation by us 

10.1 We may cancel your booking if: 

• We have insufficient staff to deliver the services you have booked. 

• We cannot obtain authorisation for your payment. 

• We cannot verify your identity

• One or more of the services you ordered was listed at an incorrect price due to an error in typing or an error in the pricing information received by us from our suppliers. 

10.2 If we do cancel your booking, we will attempt to notify you by telephone and will always notify you by email, we will refund you all sums paid within 30 days. We will not be obliged to offer any additional compensation for any disappointment suffered. It is your responsibility to inform us by email of any changes of address, telephone number and email address.

 

11. Our responsibility to you 

11.1 All the content on Optifema is to be considered general information and not intended to amount to medical advice. If you are seeking medical advice, you should make a consultation booking with our doctors or clinician and refrain from taking any action regarding your health based on the content of Optifema. If you have any questions, please email support@optifema.com and we will arrange for you to have a consultation with a clinician in accordance with our fee’s. 

11.2 We cannot accept liability for any damages which result from: 

• Your failure to provide (and update us) complete, truthful, and accurate information to our clinicians or clinical support operatives, as well as in any online consultation you take with us and in any other information you give us. 

• Your failure to follow advice given by Optifema, our clinicians or clinical support operatives, or to pass on relevant information to your regular healthcare provider. 

11.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors, and for fraud or fraudulent misrepresentation. 

11.4 You agree that our service does not replace your general healthcare provider. 

 

12. Making a complaint 

12.1 Submission of Complaints:

• Customers may submit complaints through various channels, including in-person, via telephone, or through our designated online platform. We encourage customers to provide detailed information to expedite the resolution process.

12.2 Acknowledgment:

• Upon receiving a complaint, we will promptly acknowledge its receipt, typically within 24 hours, and provide an estimated timeline for resolution.

12.3 Investigation:

• Our dedicated team will thoroughly investigate the complaint, considering all relevant details. This may involve gathering additional information and consulting relevant parties.

12.4 Resolution:

• We are committed to resolving complaints in a fair and timely manner. Upon completion of the investigation, we will communicate the resolution to the customer, along with any necessary actions taken.

12.5 Communication:

• Throughout the process, we will maintain open lines of communication, keeping the customer informed of the progress and any delays. Regular updates will be provided until the complaint is resolved.

12.6 Confidentiality:

• All information shared during the complaint resolution process will be treated with the utmost confidentiality. We respect our customers' privacy and ensure that their concerns are handled discreetly.

12.7 Feedback and Improvement:

• Customer feedback is valuable to us. We use insights from complaints to identify areas for improvement in our products, services, and internal processes.

12.8 Escalation:

• If a customer remains dissatisfied with the resolution, there is an escalation process in place. Customers can contact the Northern Ireland Public Services Ombudsman for further assistance.

Northern Ireland
Public Services Ombudsman,

Progressive House
33 Wellington Place, Belfast, BT1 6HN

 

Telephone: 028 9023 3821

Text Phone: 028 9089 7789

Freephone: 0800 34 34 24

Email: nipso@nipso.org.uk Freepost: Freepost NIPSO

12.9 Documentation: Records of all complaints, investigations, and resolutions are maintained for internal review and continuous improvement.

12.10 We appreciate your feedback and are committed to providing a responsive and effective resolution to any concerns you may have. Thank you for your trust in our products/services.

 

13. General 

13.1 If any provision of these Terms of Sale is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect. 

13.2 Our failure to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision. 

13.3 These Terms of Sale, including their subject matter and formation, are governed exclusively by UK Law. Both parties mutually agree that any legal disputes shall be under the exclusive jurisdiction of the courts of Northern Ireland.”

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14. Modification of our services, products and prices 

14.1 Prices for our products and services are subject to change without notice.

14.2 We reserve the right at any time to modify or discontinue any of our products and/or services without notice.  

14.3 We are not liable to you or any third party for any modification, price change, suspension, or discontinuation of our products and/or services. 

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15. Governing Law and Jurisdiction

These terms and conditions (and any disputes, controversy, claim, or proceedings of whatever nature arising out of them or out of or in connection with the use of this site) shall be subject to and governed by the laws of the jurisdiction where the contract is performed

 

16. Other Limitations and restrictions on the use of services

16.1 Medical Practitioners may hold different clinical opinions on the same medical condition or symptoms and how they should be treated, provided these opinions are reasonably held, the fact that two or more Practitioners give different opinions in the course of service provision does not necessarily indicate that our services are defective. Optifema is not liable for information provided by other Medical Practitioners.
16.2 We do not tolerate abuse or offensive behaviour towards staff.