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Terms and Conditions

Terms and Conditions of the SemaPen Programme (Brief Outline):

The demand for new treatments licenced to treat obesity is extraordinary, which is why SemaPen have developed a programme designed to cope with high patient volumes, but without compromising on access to expert clinical advice and care.

The SemaPen programme provides weight loss  treatments within a ‘wraparound’ online support programme that can provide both routine and (if required) personalised medical, dietetic and psychological advice. The content of the SemaPen Programme, its website and ordering portal has been created by healthcare professionals with extensive experience in the management of severe obesity.

Please note that as with all treatments, there is no absolute guarantee of risk-free success, and it is possible that you will not achieve your desired or predicted weight loss after treatment on the SemaPen programme. During the registration process we will provide you with access to detailed information to help you make an informed decision, including but not limited to video information, FAQ’s on our Website, and warnings regarding the potential risks and side effects (that were widely recognised at that time) and the dangers of providing us with inaccurate information during the self-triage process.

Failure to achieve satisfactory weight loss on treatment can be due to many reasons, especially poor adoption of the changes in eating behaviour and lifestyle that are essential for a successful outcome. Every patient is unique, and we can’t promise that you will meet your personal goals.

Case studies we use on our website and in promotional or other material are provided for information purposes only and do not form any representation as to the weight loss you will achieve.

When I join the SemaPen programme, what do I get?

  • A monthly subscription for weight loss injections, delivered to your home every 3-4 weeks
  • Digital Smart Scales delivered to your home when you sign up
  • Access to online support and exclusive content through the SemaPen App, with real-time monitoring of your progress
  • Two-way communication with our clinical weight management team
  • Option of individual face to face video consultations

What is not included?

  • Replacement scales or weight loss pens if lost or broken (you must claim back costs from courier)
  • Free individual F2F consultations (these are a chargeable option)

Your Obligations

You must provide us with accurate and complete information during the onboarding process. You must also use the SemaPen App to:

  • Maintain up to date and complete contact and delivery details
  • Maintain payment card details with sufficient funds to cover the cost of your monthly treatment
  • Register and synchronise your scales within 1 week of delivery
  • Weigh yourself using the scales supplied within 1 week of delivery and at least weekly thereafter
  • provide GP contact details so that we can liaise with your family doctor to ensure that there are no undisclosed medical or psychological contraindications to you joining the SemaPen programme

You can cancel membership of the SemaPen programme at any time but should refer to the following full Terms and Conditions of sale.

 

Full Terms and Conditions of Sale (UK and Ireland):

SemaPen Ltd (“we”, “us”, “the Company”, “SemaPen”)

These terms and conditions are your legal contract with us and you agree to be bound by them. They shall apply to all sales by SemaPen in the UK and Ireland and shall prevail and supersede over any other terms and conditions (if any) supplied by us, whether printed, on any invoice, order, quotation, webpage, specification, or any other document provided to you.

These are the only terms and conditions upon which we are willing to supply products and services to you.

1.  The Conditions

a.  These conditions (as may be updated from time to time) apply to all orders for products placed by our customers (‘you’, ‘your’, ‘client’, ‘clients’, ‘customer’, ‘customers’) to the exclusion of all other terms and conditions (including any of your terms and conditions under any confirmation of order or any other document).

b.  These terms shall supersede any specific product terms that might apply to your order and in the event of any inconsistency with any other terms that might apply, these terms shall prevail.

c.  These conditions replace any other earlier conditions and may be changed by us in writing at any time, including by putting amended conditions on our website, app or onboarding platform.

d.  These conditions will apply to all orders for products which are delivered within the UK and Ireland.

2.  Your Obligations

SemaPen is a business-to-consumer supplier of weight loss treatments incorporated within a ‘wraparound’ support programme that can provide medical, dietetic and psychological advice. The content of the SemaPen Programme, its website and ordering portal has been created by healthcare professionals with extensive experience in the management of severe obesity.  These features are intended for use by private individuals acting as consumers.

a.  It is an express condition of our acceptance of you onto the SemaPen programme that you have provided us with accurate and complete information during the onboarding and self-triage process. You understand and accept that any breach of this condition may result in you being removed from the programme without entitlement to any part or full refund, or appeal.

b.  You must not sell, donate or dispense the weight loss treatment we have supplied to you under any circumstances. The treatment we issue is solely for your personal use and should never be used by anybody else but you.  We accept no responsibility whatsoever for the consequences of any breach of this condition by you or any third-party.

c.  You agree to only use treatment or other products we supply to you for the express purpose for which they were intended and we accept no responsibility whatsoever for the consequences clinical or otherwise of any breach of this condition on your part or the part of any third-party.

d.  It is mandatory that customers provide GP contact details so that we can liaise with their family doctor to ensure that there are no undisclosed medical or psychological contraindications to starting the SemaPen programme. We are willing to allow a grace period and start you on our programme whilst GP details are provided as we understand these are not always readily to hand during onboarding, but if you subsequently fail to supply GP details despite later automated requests from us you will be removed from our programme.

e.  As part of our programme, you will be supplied with a digital smart scale at the time of your first order. You must (i) register the smart scales online when you receive them to participate in the SemaPen programme and (ii) weigh yourself at least once a week to continue to receive weight loss pens from us.  We are willing to allow a grace period when you start you on our programme, but if you fail to register the scales and/or provide us with a baseline weight reading and weekly weigh-ins thereafter despite automated SMS, WhatsApp or email prompts from us, you may be removed from our programme.

f.  If you order at least 3 consecutive months’ supply of weight loss injections after starting the SemaPen programme you will be entitled to keep the digital scales (current retail price £60) at no cost to you. However, if you fail to order at least 3 consecutive months’ supply of weight loss injections  in the first 3 months after onboarding, you will indemnify us (which means you guarantee to cover us), in full, for the retail cost of the scales, plus a £30 charge to cover our costs such as postage, ID checks and administration (together, the ‘Early Withdrawal Payment’) and you irrevocably grant us permission as an express condition of you placing your first order with us to collect the Early Withdrawal Payment from a valid credit or debit card details of which you must retain on your SemaPen account.

3.  Orders

Your  weight loss injections will be ordered by an authorised, qualified health professional and dispensed by SemaPen or a pharmacy nominated by us.  Provided that we receive the correct monthly subscription payment from you on the date it is due and you have complied with the rules governing continued membership of the SemaPen programme, if you wish to remain on the programme your treatments will automatically be dispensed at monthly intervals without the need for you to re-order the yourself.

Special conditions:

a.  We do not accept orders unless they come through our online onboarding platform (or patient app for those who have already joined the SemaPen programme). The onboarding process is designed to ensure appropriate triage, client education and informed consent and customers are asked to complete declarations confirming their understanding of the treatment risks and benefits.  You must also verify that the information provided during onboarding is accurate.   Until these steps have been completed along with an online ID verification check your order will not be processed.

b.  In completing the onboarding process and placing your first order with us you agree to waive all and any rights to any compensation whether in contract or in tort be that financial or otherwise that might arise as a consequence of you being removed from the SemaPen programme by us due to a breach of any of your obligations set out in these Terms and Conditions.

c.  Each monthly order for any one product which we accept creates a separate contract.

d.  After you place an order, you will receive an acknowledgment that we have received it, but please note that this does not mean that your order has been accepted as limited supplies of weight loss injections  can lead to orders being placed on hold whilst we source new supplies.

e.  At our discretion we may pause the onboarding process depending on availability ofthe treatment . We can refuse to accept orders for any reason.

f.  When placing or amending an order, you are responsible for accurately identifying the products you need and ensuring that your order is complete and accurate. Our order process allows you to check and amend any errors before submitting your order. Please check the order carefully before confirming it.

g.  Should we accept orders placed by others on your behalf we will not be liable to you for any financial losses incurred by you by virtue of our accepting any order.

h.  These conditions and all orders will be made only in the English language.

i.  All descriptions, illustrations and specifications contained on our websites, apps and other patient information are for illustration only and do not form any part of these conditions.

j.  You can cancel your subscription to the SemaPen programme at any time, but if you cancel an order that has been processed, your cancellation will not come into effect until after this order has been completed and you agree to indemnify us (which means you guarantee to cover us), in full, against any loss (including loss of profit), costs, damages, charges and expenses we suffer as a result of your cancelled order.

4.  Delivery

a.  Unless we say otherwise, the price quoted includes delivering the products to the agreed delivery address you supplied. You are responsible for ensuring the accuracy of the delivery address details provided to us.

b.  Medication is delivered using a cold chain supply (this means the drug is kept at a cool temperature whilst in transit to you, designed to last for up to 36 hours after it is dispensed by our pharmacy partner). If for any reason you are unable to accept the delivery or have provided us with inaccurate or ambiguous delivery information, there is a risk that the medication will become too warm. In this event it may have to be destroyed, even if returned to us. If the manufacturer’s packaging has been opened, this will also render the product unusable, even if returned to us. In these circumstances, or any other in which in our sole opinion the medication or digital scales are not resaleable you will not be entitled to any refund or compensation of any kind.

c.  If you fail to take delivery of the products or fail to give us adequate delivery instructions, without affecting any of our rights and any action we may be entitled to take, we may:
(i) charge you for the reasonable costs (including insurance) related to reissue of the prescription and redelivery;
(ii) charge you for the products we attempted to deliver.

d.  If you fail to take delivery of the products you will not be entitled to a refund and we will not be responsible for any loss of goods due to you that results from an unsuccessful attempt at delivery, or mis-delivery to an incorrect address howsoever caused. We will attempt to re-deliver goods that remain in our possession or the possession of our courier provided it is clinically safe to do so (see 4b above), but you will be liable to any additional charges we might incur as set out above.  If you have any queries or disputes, including claims that your medication was not delivered or was delivered to the wrong address, you must inform us immediately and contact the Customer Services Department of the courier company making the delivery within three working days of the delivery date.

e.  If you wish to reschedule a delivery, please contact our Customer Service team via the SemaPen app as soon as possible. We require a minimum of 4 business days’ notice prior to the scheduled delivery date in order to reschedule a delivery.  If you provide less than 4 business days’ notice, you will be responsible for any loss, costs or other expenses incurred and will not be entitled to a refund or other compensation of any kind.

f.  As we are delivering the products in monthly instalments, each delivery will form a separate contract and failure to deliver any one or more of the instalments in line with these conditions will not render the whole order as terminated.

g.  We may take additional payments from you to cover any extra costs we incur in arranging or re-arranging delivery of your goods. Examples might include any increase in transport costs that apply, weekend deliveries, cancellation of your order once despatched or if you are unable to take delivery of your medication or scales and that this results in re-delivery charges or other additional costs to us.

h.  Any dates quoted for delivering the products are only approximate. You agree not to hold us liable for any delay in delivering treatment, scales or other components of the SemaPen programme, however caused. This specifically includes delays due to force majeure (matters outside of our control) an example of which would be supply chain problems that left us temporarily or permanently unable to source and purchase weight loss treatments or other goods that form part of the SemaPen programme.

i.  A courier photograph of the delivered goods, or a signature on a delivery note, drop sheet or electronic Proof of Delivery by any person present at the delivery address will be evidence that you have received delivery of the products in full.

j.  At any time, we can stop making deliveries and demand payment for any products we have already supplied to you, no matter what previous agreement or arrangements have been made.

5.  Price

a.  The price of the products will be the price in our price file at the time of acceptance of the order, except where your order is for products ordered under a promotion or special offer and the price then will be as stated in that promotion or offer.

b.  The price does not include any value added tax (“VAT”), government tax or duty which (if applicable) will be charged and payable in addition to the price at the time when payment for the products is due.

c.  The price list is subject to change at any time without notice to you.

d.  We will be entitled to charge, and you will pay for products you ordered in error from time to time where applicable.

6.  Payment

a.  We will collect payment for each order of weight loss treatment we issue in your name using the nominated debit or credit card details you supplied when opening your SemaPen account during onboarding (or as updated by you from time to time through the SemaPen app). This charge will include any applicable VAT, tax or duty.

b.  You must pay the price of the products and any other amount due to us (without deduction) before we supply the treatment to you and ensure we receive cleared funds into our bank account at least 5 days before your next delivery of the product is due. These payments will be automatically collected by us as a subscription to the SemaPen programme using the preferred payment card details you supplied to us.

c.  It is a material term of this contract that you pay for the products on time. If you change or lose the debit/credit card we hold on file in your SemaPen account you must substitute details of an alternative payment card immediately using the My Account section of the SemaPen app or your next order will be cancelled. None of our drivers or agents can accept payment directly or via telephone or BACS.

d.  If you fail to make a payment by the due date, without affecting our other rights and remedies, we may:
(i) cancel the contract or cancel your membership of the SemaPen programme and suspend any further deliveries;
(ii) charge you for all and any costs and expenses we have incurred for the collection of any payments due (including but not limited to a charge of £25 on each event that any debit or credit card presented fails to allow an automated payment to be taken for any reason. A £50 arrears charge will be issued on each transaction whereby the collection of any sum due to us is referred to a third-party collection agency or legal agents including solicitors); and
(v) charge you interest (both before and after any judgment) on the amount you have not paid. We will use an annual rate of 5% above National Westminster Bank’s base rate until you pay us in full. We will treat a part of a month as a full month for the purpose of working out interest.

e.  You are not entitled to withhold payment or use any amounts as a set off against any amount we may owe you.

f.  If you are liable to us, and as a result owe us money, under these conditions or otherwise, we may use any amount you owe us to pay off any amount that we may otherwise owe you.

g.  To prevent bank fraud, it is important to keep your account information secure and not to provide your bank details to unauthorised persons. We do not accept responsibility if you transfer funds to an incorrect account.

7.  Risk and property

a.  You will not own any of the products in any circumstances until we have received cleared funds for all sums due to us in respect of:
(i) the products; and
(ii) all other sums which are or which become due to us from you.

b.  Paid-up goods (scales and medication) remain at our risk until they come into the physical possession of the couriers used by our suppliers. From this time onwards they become your property, and you will be solely responsible for pursuing any claims against the courier company for alleged loss, damage or failure to deliver products to you.

c.  You will also be responsible for any damage to or loss of the products from the time of delivery, or if you fail to accept the products, the time when we tried to deliver them.

8.  Liability

a.  We will not be liable to you for any shortages in the supply by us of treatment, product and scales used in the SemaPen programme, short-dated stock, or any faults in the products, unless you give us notice of the fault within three (3) working days of delivery using the SemaPen app.

b.  If you do not comply with the provisions of 8 (a) of these terms and conditions you shall be bound to accept and pay for products supplied by us and all claims in respect of non-delivery, loss, damage, defect or non-compliance shall be wholly barred.

c.  We will not be liable in any circumstance for any faults in the products caused by abnormal storage conditions, deliberate damage, negligence, failure to follow instructions or misusing the products. We will also not be liable for claims for any products which you have marked in any way.

d.  It is your responsibility to check the goods for quality defects or shortages promptly on receipt of your delivery.

e.  Unless we say otherwise in these conditions, our aggregate liability to you in connection with each contract, whether arising from negligence, breach of contract or otherwise (including in respect of our employees, agents or sub-contractors) is limited to making good any shortfall in delivery, replacement of any goods which are damaged or faulty or to refund the cost of any goods either using a credit note or payment refund. In no circumstances will we be liable to pay more than the net price of the goods, less any settlement discount or other discount which may apply.

f.  Unless we say differently in these conditions, we exclude to the fullest extent possible any conditions, warranties, representations and other terms expressed or implied by any law or Act of Parliament.

g.  We will not be liable to you for any pure economic loss, consequential loss, loss of profit, loss of business, depletion or loss of good will (in each case whether indirect or direct) you suffer from our supplying any goods or how you use or resell them.

h.  Nothing in these conditions excludes or in any way limits our liability for fraud, or for death or personal injury caused by our negligence, or any other liability that may not be excluded or limited under English law.

i.  We will not be liable for circumstances beyond our control, including but not limited to trade disputes, poor weather, breakdowns or natural disasters.

j.  Our employees or agents are not authorised to make any claims about the goods unless we confirm the claims in writing.

k.  We will not be liable for any advice or recommendation our employees or agents give you about storing or using the goods unless we confirm this information in writing.

9.  Returns

Faulty goods: You may return at any time a product that is faulty. For medication pens ‘faulty’ is defined as the (i) the liquid in the pen is cloudy and/or contains solid particles at the time of delivery; (ii) the pen’s delivery mechanism (usually a twisting action to pre-load the dosage) does not work. Pens thought to be faulty should be returned to SemaPen for inspection and at our discretion we will replace this with a new pen.  Please note faulty scales should be returned directly to the manufacturer (Withings) and not to SemaPen.  We advise you speak to one of our Customer Relations team before returning the scales so that we can talk you through the set up process in case of user error.

10.  Money-Back Guarantee

If you complete the 12-month SemaPen Programme and fail to lose at least 5% of your Starting Weight, we will offer a full or partial refund of the money you have paid us (see point 7 below).

Here are the terms of the refund deal:

a.  ‘Starting Weight’ is defined as your first recorded weight on our system after registering the Withings scales on your SemaPen account (subject to compliance with points 2 and 3 below).

b.  You must register your smart scales on the SemaPen app within 1 week of delivery.

c.  You must weigh yourself using the smart scales provided within 1 week of receiving them.

d.  You must complete the full 12-month SemaPen programme without any breaks in treatment, confirmed by your order history.

e.  You must provide a Final Weight recording via the SemaPen app within 7 calendar days of the 12-month anniversary date of your registration on the app.

f.  You must demonstrate that you have engaged with the programme. This would include evidence that you have followed advice given by our support team and that you have submitted weight data to us from the smart scales via the SemaPen app at least once a week throughout the 12-month programme.

g.  If you lose 5% body weight or more at any time during the 12-month SemaPen Programme you will not be eligible for a refund should you subsequently regain weight.

h.  In the event of a claim received at the end of the 12-month SemaPen Programme we will calculate the % of your Starting Weight lost and give a pro-rata refund of the total fees paid to SemaPen over the 12 months you were on our programme.  This means that (compared with your Starting Weight) you have lost no weight 12 months later, you would be entitled to a 100% refund. If you had lost 2.5% of your Starting Weight after 12 months, you would receive a 50% refund.  If you had only lost 1% it would be an 80% refund.

i.  To claim your refund you must notify us via the SemaPen app within 14 calendar days of the 12-month anniversary date of your registration on the app.   Claims received after this date will not be eligible for the Money Back Guarantee scheme and no refund will be due.

j.  In the event of any dispute regarding your compliance with the above terms and your eligibility for any refund (including the % refund given), provided that SemaPen have acted reasonably and in accordance with these terms and conditions we will determine whether your claim is genuine (based on amongst other things an analysis of your pattern of weight loss over the course of the programme) and you agree to accept our decision as final.

11.  Your personal information

a.  In these conditions, “Personal Data” means any information that could be used, directly or indirectly, to identify you, such as your name, date of birth or address, identification number, location data, or other online identifier.

b.  In these conditions, “Business Data” means any data or information relating to your transactions with us including, but not limited to, details of these conditions, products purchased from us and aggregated, anonymised clinical data such as weight loss and medical comorbidities and how these clinical data vary during your time on the SemaPen programme.

c.  We will never share any information that contains Personal Data and that could be used to identify you with any third party without your express permission unless there are exceptional circumstances such as when the health and safety of yourself and others is at risk or where the law requires information to be passed on. An example of Personal Data sharing with your permission would be us requesting your consent to inform your GP that you have started on the SemaPen programme. Granting us your consent to do is a mandatory requirement of the SemaPen programme.

d.  Your Personal and Business Data that we collect is stored in an encrypted form on EU-based servers accessed by SemaPen staff via our clinical management and CRM systems.

e.  In joining the SemaPen programme, you agree to grant us your permission to use, share, sell to third parties or publish any Business Data be that for our business interests or for the purposes of clinical research and audit.

f.  We may use your contact information to let you know about other products and services offered other companies to which SemaPen is affiliated which we think will be of interest to you.

g.  If you wish to amend or update your Personal Data, wish us to delete your Personal Data, or have any questions about how we process your or their Personal Data, please contact us via the SemaPen app.

We take our legal responsibility to keep all this information held about you confidential seriously. Our obligations are set out in the General Data Protection Regulation that became enforceable in May 2018. We will not disclose information about you to any third party without your permission.

For more information on Privacy at SemaPen Ltd please read our Privacy Policy.

12.  General

a.  We will be entitled to transfer to any other person all or any of our rights or the benefit of those rights created by any contract between us and you to which these conditions apply (or both).

b.  You will not be entitled to transfer to any other person or company all or any of your rights, or the benefit of those rights, created by any contract between us to which these conditions apply.

c.  Any notice given under these conditions must be in writing and addressed to:
(i) you at the agreed delivery address or any other address you have told us about; or
(ii) us at the relevant Company’s registered office set out below. Please mark any notice for the attention of the Company Secretary.

d.  No waiver or retraction of a waiver by us under these conditions will be valid or binding unless it is in writing and signed by us. Our failure to exercise any right under these conditions, or to require your performance of any provision under these conditions, or our waiver of any breach of these conditions, will not prevent a subsequent exercise or enforcement of such provisions or be deemed a waiver of any subsequent breach of the same or any other provision of these conditions.

e.  If at any time:
(i) any of these conditions should be wholly or partly illegal, invalid or unenforceable, then such illegality, invalidity or enforceability will not affect the other remaining conditions in any way;
(ii) any of these conditions should be wholly invalid or unenforceable but would be valid or enforceable if some part of the condition were deleted, then the condition in question shall apply with such modification as may be necessary to make it valid and enforceable.

f.  You agree with us that except as expressly provided in these conditions no term of these conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.

g.  We reserve the right to make a charge of £10 per copy for any copy document you request we provide.

h.  These conditions are governed by English law. The Courts of England and Wales shall have exclusive jurisdiction.

SemaPen Ltd (Registered No. 9607484) has its registered office at PO Box 54, St Peters Square, Ruthin LL15 9AQ.  VAT registration number 181 9058 90.

Trading Address 17C Telford Court, Chester CH1 6LT.

SemaPen T&Cs updated 19.12.2023