The Purchase Channels are for the sale of Abbott Products to customers who are resident in the United Kingdom and the Isle of Man and who are aged 18 or over. If you are not resident in the United Kingdom or the Isle of Man, please visit www.abbott.com where you will be directed to the Abbott website in your country (if any). Please note we cannot accept orders from the Channel Islands or Gibraltar.

A copy of these Terms will be provided to you when you receive confirmation of acceptance of your order as described below. You are advised to print a copy of these Terms for reference.

These Terms reflect the requirements of The Infant Formula and Follow-On Formula (England) Regulations 2007 (as amended) and more information can be found in the WHO International Code of Marketing Breast-milk Substitutes and the Department of Health Guidance.

3. Other Applicable Terms

The following documents also apply to your purchase of Abbott Products through the Purchase Channels.
(a) Privacy Policy: this sets out how Abbott processes the personal data that is collected from you through the Purchase Channels or which you provide to us;
(b) Cookie Policy: this sets out information about the use of cookies on www.similac.abbott/uk/store/ and
(c) Terms of Use: these set out your terms of use of www.similac.abbott/uk/store/. The Privacy Policy , Cookie Policy and Online Terms of Use contain important information which applies to all purchases made through the Purchase Channels.

4. Your Account

In order to purchase the Products through the Purchasing Channels an account must be created using an individual email address. Creation of an account will include verification of your identity and the information that you provide must be accurate and complete. Your access to any of the Purchase Channels may be withdrawn at any time.

You are responsible for maintaining the confidentiality of your passwords to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or using your password.

You should take necessary steps to ensure that your password and account details are kept confidential and secure and you should inform Abbott 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.

5. Creating a Contract

If you are placing an order through www.similac.abbott/uk/store/ the technical steps required to create a contract between you and Abbott are as follows:

• You place an order for your Abbott Products on www.similac.abbott/uk/store/products by clicking on the “PRODUCTS” button. You will be guided through the process of placing an order by the instructions on https://stage.similac.abbott/uk/store/.
• Please take the time to read and check the details entered at each stage of the order process.
• After you place an order through the Purchase Channels, you will receive an email from Abbott acknowledging that your order has been received. Abbott’s acceptance of your order will take place when you receive an email that confirms that the Abbott Products have been dispatched
• The contract between you and Abbott will only be formed when you receive the confirmation of dispatch of the Abbott Products. The contract will continue in effect until the Product warranty referred to in paragraph 18 expires, or, if you exercise your right to cancel (explained in paragraph 16 below), the contract will last until the Products have been returned to Abbott in accordance with these Terms and Abbott has refunded you in accordance with these Terms. Your obligations under the contract will cease when the contract ends.

6. Amending These Terms

Without prejudice to your rights under applicable law, Abbott reserves the right to amend these Terms at any time and for any reason.

If Abbott amends the Terms, the most recent version of the Terms will be posted online and will then apply to the purchase of Abbott Products through the Purchase Channels.

When these Terms are amended, Abbott will state that these Terms have been amended and show the relevant date at the head of these Terms.

Subject to the following paragraph, every time you order from Abbott Products, the Terms in force at the time of your order will apply to the contract between you and Abbott.

If Abbott has to revise these Terms as they apply to your order, Abbott will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes. You may cancel either in respect of all the affected Abbott Products or just the Abbott Products you have yet to receive. If you opt to cancel, you will have to return (at Abbott’s cost) any relevant Abbott Products you have already received and Abbott will arrange a full refund of the price you have paid, including standard delivery charges.

If these Terms are amended and you currently have a direct debit arranged for the purchase of Abbott Products, you will be informed of the change to the Terms.

7. Language of Terms and Contract

These Terms and any contract incorporating them shall be available in English only.

8. Contact Details - Abbott Nutrition

• Any queries relating to orders or deliveries should be directed to the Customer Service team on 0333 600 1795
• Any nutritional queries should be directed to the Freephone Nutrition helpline on 0800 252 882
• Product quality complaints should be emailed to similacsupport@abbott.com

9. Use of Images

Images of the Products are for illustrative purposes only. The Products that you receive may vary from those images.

10. Information Available on this Website

The information and content provided through the Purchase Channels does not constitute medical advice. You should consult your healthcare professional for advice before you make any decisions relating to your treatment or care.

Abbott disclaims to the maximum extent permitted by law all liability for any loss or damage suffered by you or any person, be it directly or indirectly as a result of or in connection with your use of www.similac.abbott/uk/store/ or any treatment or care decisions that you make. However, Abbott does not exclude or limit its liability for death or personal injury resulting from Abbott’s negligence (see paragraph 19 below).

11. Product Availability

The purchase of the Product(s) through the Purchase Channels is subject to availability. Abbott will inform you as soon as possible if the Abbott Product that you have ordered is not available and Abbott will not process your order. If you have already paid for the Product(s), you will be refunded in full if your order cannot be fulfilled. Abbott reserves the right to impose ordering restrictions on the number of Abbott Products that can be ordered and the interval at which these Abbott Products can be ordered.

12. Legal Rights

Abbott is required by law to ensure that Abbott Products ordered from Abbott comply with the Terms of Abbott’s contract with you. In particular, any Abbott Products that Abbott supplies to you must correspond with any relevant description included on the Abbott website, must be of satisfactory quality and must be fit for their intended purpose as described by Abbott.

13. Delivery

Your purchases and replacement Product(s) will be delivered to you as soon as possible and in any event within thirty (30) calendar days of Abbott accepting your order. Once your order is ready to be shipped, you will receive a dispatch email from Abbott. All delivery times specified in the Purchase Channels are estimates only and are not guaranteed.

The Product(s) will be delivered to you by a courier engaged by Abbott and can only be shipped to a UK or an Isle of Man address.

You are responsible for the Product(s) when they are delivered to you.

If you are not available when your order is delivered, your order will be returned to Abbott and you will receive a notification that your order could not be delivered. Where an order cannot be delivered and is returned to Abbott’s warehouse, Abbott will apply a refund to your account.

Abbott will deliver directly to the UK or Isle of Man address specified in your order. Abbott is unable to deliver the same order to multiple addresses or amend the delivery address once dispatched.

14. Prices

The prices of the Product(s) will be as described through the relevant Purchase Channel from time to time. Abbott will take reasonable care to ensure that the Abbott Product prices are correct at the time an order is placed.

Prices for the Product(s) may change from time to time. Price changes will not affect any order which has been accepted by Abbott as set out above.

The Product(s) price is exclusive of UK VAT. Under current UK VAT law, VAT is charged at zero per cent in respect of the Product(s).

The price of the Product(s) does not include delivery charges to you. You will be informed of the delivery charges when you make your purchase through the Purchase Channel. Delivery charges will be added to the total amount due.

Incorrect Prices:

If you are charged an incorrect price, then either: (a) where the Abbott Product’s correct price is less than the price stated through the Purchase Channel, you will be charged the lower amount prior to the Abbott Product being dispatched to you; or
(b) where the Abbott Product’s price is higher than the price stated through the Purchase Channel, Abbott will contact you by the method that you have indicated you prefer in accordance with the Privacy Policy in order for you to confirm that you either wish to proceed with the purchase or cancel the purchase. If Abbott is unable to contact you, your order will be cancelled and you will be notified in writing.

Abbott will refund you using the same means as you used for the transaction. If you paid by card then you will be reimbursed on the credit card or debit card used by you to pay.

15. Payment Method

Abbott accepts most major credit cards for payment. The accepted methods of payment are displayed on the Abbott website.

Payment for your order and all applicable delivery charges is in advance of receiving the Abbott Products. You will be charged for the Product(s) that you are purchasing when your order is dispatched to you by Abbott. The Product(s) will be owned by you when your payment has been processed in full.

You confirm that you own the credit/debit card that is being used to make your purchase. All credit and debit card holders are subject to validation checks and authorisation by Abbott. If Abbott believes that the card used to pay for your order is being used fraudulently, this will be reported to the relevant authorities and all orders cancelled. For more information about how Abbott treats personal data, please refer to the Privacy Policy set out here.

If your card issuer refuses to authorise payment for your order, Abbott will be unable to dispatch the Product(s) to you and Abbott will not be responsible for any delay or non-delivery. Abbott will not be informed of the reason for refusal and therefore, is unable to inform you of the reason that your card issuer has refused payment.

Abbott is not responsible for any card or bank charges issued by your card issuer as a result of processing payment for your order.

Your account will record that payment has been taken by Abbott Laboratories Limited. You will be notified each time that a payment is taken.

16. Cancellation and Refunds

Subject to the exceptions set out below, you have the right to cancel the contract for the purchase of Abbott Products at any time up to fourteen (14) days after the day on which you receive your order. If you place an order for several Products and they are delivered separately, then your fourteen (14) days will start the day after you receive the last Product on your order.

You can cancel the contract by sending a clear statement such as an email at similacsupport@abbott.com.

If you decide to cancel the contract, you should keep a record of the cancellation information that you provided to Abbott.

Cancellation Prior to Delivery

If you change your mind about your purchase and decide to cancel the contract prior to the Product(s) being delivered, you should notify Abbott, as stated in paragraph 16, immediately and reject any orders dispatched.

If you wish to cancel the contract in these circumstances, it is preferable that you call the Abbott Careline on +44(0) 1628 773355.

Refunds after Delivery

(a) Unopened Product(s) and Opened Outer Packaging. If you decide that you do not wish to keep the unopened Product(s) that you ordered or if only the delivery packaging of the Product(s) has been opened, you are entitled to cancel the contract without giving any reason within fourteen (14) days from which you acquire, or a third party other than the carrier and indicated by you acquired, physical possession of the Abbott Products subject to the conditions set out here.
Unopened Product(s) must have their tamper seals intact.
If you cancel this contract in these circumstances, Abbott will reimburse to you all payments received from you, including the cost of delivery of the Abbott Products to you once the items have been returned. You are responsible for delivery costs that are above the standard delivery option and for the cost of returning the Abbott Products.
If you wish to return the Abbott Products within the specified timeframe, please contact the Abbott Customer Careline on 0330 600 1795 who will be able to advise you on how to return items to Abbott.
You will lose the right to a refund if any packaging that is required for hygiene reasons has been removed and/or tampered with.

(b) Unused Opened Product(s)

In the event that you open an individual Product, Abbott is unable to accept the Product for return for safety and hygiene reasons. You should dispose of the Product. Abbott is unable to offer any refund with respect to Product(s) that have been opened.

Cancellation Timeframe

To meet the cancellation deadline of fourteen (14) days after your order has been delivered to you, it is sufficient for you to send a clear statement such as a letter sent by post or email to Abbott (for example, by sending the form accessible here), or to call the Abbott Customer Careline before the cancellation period has expired.

Processing Refunds

If you are entitled to a refund, Abbott will process the refund as soon as possible and in any case within fourteen (14) calendar days from the date Abbott receives the Abbott Product(s) back from you, or (if earlier) fourteen (14) days after the day that you provide evidence that you have returned the Abbott Product(s), or if the Abbott Product(s) were not delivered to you, within fourteen (14) days after the day on which Abbott was informed that you wish to cancel the contract. Abbott will refund you using the same means as you used for the transaction. If you paid by card then you will be reimbursed on the credit card or debit card used by you to pay.

Abbott reserves the right to refuse to issue a refund or replacement Abbott Product and to recover the cost of the return delivery from you in the event that the Abbott Product is found to have suffered damage after delivery or has been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear.

17. Products

Similac First Infant Milk is suitable for particular nutritional use by infants from birth when they are not breast fed and should only be used on the advice of independent persons having qualifications in medicine, nutrition or pharmacy, or other professionals responsible for maternity and child care. Similac First Infant Milk is not purported to be in any way superior or equivalent to breast feeding.

Similac Follow on Milk is suitable only for particular nutritional use by infants over the age of six months, should form only part of a diversified diet, is not to be used as a substitute for breast milk during the first six months of life and the decision to begin complementary feeding, including any decision as to making an exception to the principle of not using follow-on formula before six months of age, should be made only on the advice of independent persons having qualifications in medicine, nutrition or pharmacy, or other professionals responsible for maternal or child care, based on the individual infant’s specific growth and development needs.

The instructions for the preparation, storage and disposal of Abbott’s Products as directed on the Product packaging must be followed at all times, in conjunction with any advice you receive from your healthcare professional. Inappropriate preparation and storage of Abbott’s Products may expose your baby to unintended health hazards.

18. Quality Standards

Abbott’s Products are made to comply with the highest standards. Products are stored in appropriate conditions and temperature prior to delivery. Risk of loss and damage of Products passes to you on the date the Products are delivered to your UK address or are left with a person or place nominated by you. Abbott will not be responsible for any loss or damage caused to the Products after delivery.

Although we take all reasonable care to ensure that recipe and additional nutritional information appearing on www.similac.abbott/uk/store/ are correct at the time when information was published, the information appearing on www.similac.abbott/uk/store/ may not reflect the exact position at the time you place your order. Customers are advised to check Product packaging for nutritional information and allergen warnings before consumption, as Product information is subject to change after publication.

You should always read the Product label to ensure you are following the most up-to-date information. This is especially important if you have an allergy or intolerance. Allergen information can be found highlighted in the ingredients list on the back of pack. Abbott’s Products have an expiry date printed on the packaging and must be consumed before the expiry date shown. Customers are advised to check Product packaging for durability and use by dates. Abbott will not replace Products that have not been used before their expiry date. Abbott’s policy on replacing Products that are fit for their intended purpose and of satisfactory quality is set out in paragraph 16. You should contact the Abbott Customer Careline on 0330 600 1795 to report the issue before sending any Products back. As Products may be required back for investigation, you should not dispose of any items before contacting Abbott. This is a summary of your key legal rights in relation to the Abbott Products. Nothing in these Terms will affect your legal rights. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call +44(0)3454 04 05 06.

19. Liability

Abbott does not exclude or limit in any way its liability for: (a) Death or personal injury caused by Abbott’s negligence;
(b) Fraud or fraudulent misrepresentation;
(c) Breach of the terms implied by the Sale of Goods Act 1979 (as amended); or
(d) Defective Products under the Consumer Protection Act 2015.
To the extent permissible by law, Abbott excludes its liability for all other matters. Abbott is not liable to you where performance of any obligations is prevented or restricted by any circumstance or cause beyond Abbott’s reasonable control.
You are responsible for the ways in which you use the Product(s) and Abbott does not accept any liability in this regard.
Abbott limits its liability in respect of any sums paid and/or payable for any damage caused to any of your devices or digital content by an Abbott Product to the sum of £1,000 for all claims over the life of the contract.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available is owned at all times by Abbott.

20. Communications

If you would like to contact Abbott, please contact:
Abbott Customer Careline 0330 600 1795
Contact section on our website or via email at similacsupport@abbott.com

21. Transfer of Contract

Any contract for the purchase of Abbott Products made through the Purchase Channels is between Abbott and you. No other person shall have any rights to enforce any of its Terms. If you have purchased an Abbott Product as a gift, the recipient of the gift will be entitled to the benefit of the warranty set out in these Terms.
Abbott may transfer its rights and obligations under the contract to another organisation. This will not affect your rights or Abbott’s obligations under these Terms.
All other transfers of rights and obligations must be agreed with Abbott in writing prior to the transfer taking place.

22. Interpretation of these Terms

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, that paragraph or part-paragraph shall, to the extent required, be deemed not to form part of the contract, the remaining paragraphs will remain in full force and effect.

23. Delay in Enforcement

If Abbott fails to insist that you perform any of your obligations under these Terms or is delayed in enforcing the Terms, this should not be interpreted as a waiver of the rights of Abbott under these Terms. You are still required to comply with these Terms irrespective of Abbott’s enforcement or otherwise. A default by you will only be waived if it is in writing, signed by Abbott.

24. Governing Law

These Terms (and formation, construction, performance and validity of the contract) and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by the laws of England. You can bring legal proceedings in respect of the Abbott Products in the English courts. If you are a consumer and:
a) live in Scotland you can bring legal proceedings in respect of the Abbott Products in either the Scottish or the English courts; or
b) live in Northern Ireland you can bring legal proceedings in respect of the Abbott Products in either the Northern Ireland or the English courts.

. Dispute Resolution

Abbott Customer Careline +44(0) 1628 773355
Email: ukabbottnutrition@abbott.com; Subject: Complaint
If you are unhappy about the way that Abbott has handled a complaint, you may wish to use the European Online Dispute Resolution Platform to further discuss your complaint with Abbott. The Online Platform can be found here: http://ec.europa.eu/consumers/odr/. We are not willing or obligated to participate in dispute resolution procedures.

26. Filing

Abbott will not file a copy of this contract.