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How are online disclaimers for distance selling of prescriptions

Customer Question

How are online disclaimers for distance selling of prescriptions managed? For example you can get prescriptions online for certain drugs now by answering questionnaires. People could potentially easily manipulate the answers no? Basically my query is around eCommerce and disclaimers/buyers statements and how they really fit in with the rest of the law.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

Are you asking if they are valid please?

Also, I see you haven't yet rated two previous answers so I would be grateful if you could do that now.
Customer: replied 3 years ago.

Yes basically I am asking if they are valid. For example if it turns out that a product was sold to someone under the age of 18 as a result of the buyer lying what is the defence? The way you sold the item still resulted in the sale being made to someone under the age of 18.


 


Similarly if I sell a product online for dentists and include a disclaimer that it can only be purchased by dentists along with a box to tick to confirm that they are dentists what is my defence if someone who is not a dentist buys the item?

Expert:  Ash replied 3 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

As a seller all you can do is take reasonable steps to ensure the drugs or products do not fall into the wrong hands. Therefore if you ask all the necessary questions the responsibility is down to the seller to make sure that everything is accurate. You could have a statement that says something like; I certify that I have answered the above questions truthfully, or something similar.

Can I clarify anything for you about this?

Customer: replied 3 years ago.

Therefore if you ask all the necessary questions the responsibility is down to the seller to make sure that everything is accurate.


 


Did you mean to say


 


Therefore if you ask all the necessary questions the responsibility is down to the buyer to make sure that everything is accurate. ??

Expert:  Ash replied 3 years ago.
Correct yes. Alex

Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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Thank you,
Nicola

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