This is the top of the page.

Date of birth: We need to confirm your date of birth in order to add this product to your basket.

Health & Beautycard Terms & Conditions Menu

Health & Beautycard Terms & Conditions

Health and Beauty cards - New and old

These terms and conditions govern your membership of the Health & Beautycard Programme and the use of your Health & Beautycard. They also set out the terms of the contract between Superdrug Stores plc ("us"/ "we") and you ("you"/ "your"). Please read them carefully and keep hold of a copy for future reference. If you have any questions about these terms and conditions or your use of the Health & Beautycard, then please contact us.

Please also see superdrug.com Terms & Conditions for use of the website.

1. Membership of Health & Beautycard

1.1 The Health & Beautycard Programme is only available to residents of the United Kingdom or Republic of Ireland who are at least 12 years old. If you are between the age of 12 to 15 years old, you must obtain your parent or guardian’s consent before you apply to join the Health & Beautycard Programme. Only one membership per person/email address is permitted. Membership is not open to companies, partnerships, unincorporated associations or similar entities. Members who are 12 can earn and spend points with a Health & Beautycard but will not receive any targeted promotions unless they have confirmed that they have their parent or guardian’s consent to receive such marketing communications.

1.2 Membership of the Health & Beautycard Programme is personal to you. You may not share or transfer your points or your Health & Beautycard, although your friends and family can of course apply for their own Health & Beautycard.

1.3 We may refuse an application to join the Health & Beautycard Programme if we feel there is a good reason to do so.

1.4 You can pick up your Health & Beautycard in store. As soon as you have your Health & Beautycard, you can start using it to earn points. However, you will not be able to spend any points until you have registered your Health & Beautycard and received a notification from us that your account has been activated.

1.5 You can register your Health & Beautycard online at Health & Beautycard in store or on the Superdrug app.

1.6 We will notify you that your account is activated by email, if you gave us your email address.

1.7 Once your Health & Beautycard is activated, we will set up an individual account to record the points you’ve earned or spent. You will also then be able to spend points in accordance with these terms and conditions.

1.8 You must notify us as soon as possible if you change your name, address or email address. These changes can be made either online at superdrug.com or by calling the Health & Beautycard helpline on 03456 710 709 or by emailing us at help@superdrug.com. Please note that if you do not let us know of these changes, you may miss out on promotional offers and your use of your Health & Beautycard may be affected if, for example, someone else registers for the Health & Beautycard Programme at your old address.

1.9 Your account will remain active if you use your Health & Beautycard at least once in any rolling 12 month period. If you fail to use your Health & Beautycard within this period your account may be closed and any points balance will be forfeited.

2. Marketing Communication - Consent

2.1 By accepting these terms, you confirm that you are happy to receive news and offers tailored just for you as explained in Section 6 of our Privacy Policy.

2.2 You will receive such amazing news from us and trusted partners (such as companies in the A.S. Watson Group or C.K. Hutchison Holdings Group) by email, sms, direct mail and other communication methods – as chosen by you.

2.3 You also consent to our use of beauty or health product related information for marketing purposes as explained in the Privacy Policy, if you purchase (online or in-store) beauty or health products (including products that require prescriptions) using your Health & Beautycard for such purchases.

2.4 At any time, you can opt out of all such marketing and withdraw your consent in 'My Account' or directly in the communications you receive. Opting-out will not affect the other services you receive as part of the Health & Beautycard Programme

3. Earning points

3.1 You can earn points at Superdrug stores in the United Kingdom and Republic of Ireland either in store, online or via the app.

3.2 To earn points for a purchase in store, your Health & Beautycard must be presented at the checkout before you pay. If you forget your Health & Beautycard, let the cashier know when you go to pay in store and they can look up your Health & Beautycard and add it into the transaction (providing your Health & Beautycard is registered). If you realise after you’ve left the store, you can still get your points added as long as you have your receipt. Just contact the Superdrug Customer Team on 03456 710 709 or by email at help@superdrug.com. All you need to do is give them the details below from your receipt and they will add the points for you once they’ve verified your purchase including:

  • Receipt no
  • Store no
  • Till no
  • Total paid
  • Date

With online shopping, please make sure that you have signed in to your account that has your registered Health & Beautycard attached to it and your points will automatically be added once your order is dispatched.

3.3 To earn points online or via the app, you simply need to have registered your Health & Beautycard online and to maintain your registration at superdrug.com.

3.4 Points are not available on stamps, mobile top-up, NHS Services, infant milk formula, or gift cards. We might exclude other products from the Health & Beautycard Programme at our discretion, but if we do then we will display notices online at superdrug.com.

3.5 You will earn one point for every £1/€1 that is spent on qualifying purchases online at superdrug.com and in store in the United Kingdom and Republic of Ireland. Points are awarded after any relevant discounts or promotions have been deducted from your shopping. Points are awarded only on the final amount you actually pay either online, in store or via the virtual card on the Superdrug app.

3.6 From time to time, we may run special promotions and award additional points. For example, we may increase the number of points that you receive for every £1/€1 you spend, or award bonus points when you purchase a particular product. We may set a limit on how many promotional points can be awarded to any one account. Health & Beautycard member promotions cannot be cumulated with other non-member promotions, unless indicated otherwise or applied in your favour directly at checkout.

3.7 If you have earned points on a product which you decide to return then you will need to present your Health & Beautycard in store so that the relevant points can be deducted from your account.

3.8 If you have earned points on a product you have purchased online then points will be deducted from your account when the products have been received by Superdrug and your payment has been refunded.

3.9 Please retain your receipts. We may request them from you if, for example, you have any queries regarding your points balance, or where we reasonably suspect fraudulent activity or a breach of these terms and conditions.

4. Spending your points

4.1 You will not be able to spend any points unless your Health & Beautycard is registered and your account is activated. You may only spend points at Superdrug stores in the United Kingdom and Republic of Ireland and online at Superdrug.com.

4.2 Points can only be spent in increments of 100. This means that if you have 200 points in your account and you want to spend them on a qualifying purchase of £1.49/€1.49 then you will be able to spend 100 points but will need to pay the £0.49/€0.49 balance of the purchase price in cash (leaving 100 points in your account).

4.3 To spend points in store, simply present your Health & Beautycard and tell the cashier how many points you would like to pay with against your shopping.

4.4 To spend points online, you must sign in to your registered Health & Beautycard account before selecting products to purchase. When you enter your payment details, select how many points you wish to spend from the options available.

4.5 Please note, points cannot be spent on stamps, mobile top-up, NHS Services, Superdrug Online Doctor, infant milk formula, or the purchase of gift cards. Other products may also be excluded from the Health & Beautycard Programme at our discretion. Where we exclude other products from the Health & Beautycard Programme, we will display notices on our website at superdrug.com.

4.6 If you present your Health & Beautycard when you purchase a product that earns you points, then your points balance will be printed on your receipt. It will also be available for you to check online if you have registered your Health & Beautycard at superdrug.com/beautycard.

4.7 Please note that your points balance may not be updated immediately when you make a qualifying purchase. With online purchases points are awarded when your order is dispatched so you may need to wait at least 5 working days before the points show in your account and you are able to spend them. With in store purchases, you may need to wait at least 24 hours before the points show in your account and you are able to spend them. We may withhold points or delay crediting them where we reasonably suspect fraudulent activity or a breach of these terms and conditions.

4.8 We may deduct points or adjust your points balance from time to time in the event that points have been credited or debited in error, or where we reasonably suspect fraudulent activity or a breach of these terms and conditions. In the event a system error causes an incorrect points balance to be given to you, Superdrug will endeavour to rectify this as soon as is reasonably possible. Where a system error causes an incorrect points balance Superdrug is under no obligation to honour the incorrect points balance. If you have any queries about your points balance then please contact us through the Health & Beautycard helpline on 03456 710 709 or e-mail us at help@superdrug.com.

4.9 The current redemption value of points is 1 point = 1 penny/cent. We reserve the right to vary that rate at any time. If we decide to vary this rate then we will seek to let you know in reasonable time by post and/or by email at the address you have given to us. Points may only be spent against qualifying purchases. They may not be exchanged for cash.

4.10 Points have a 24 month validity, so long as your account is not inactive in any 12 month rolling period. Please see paragraph 1.9 for details on how to ensure your account remains active. After 24 months, points will expire and you will no longer be able to access or use them.

4.11 Points expire immediately if the account is closed or deactivated or if the Health & Beautycard Programme ends. If you spend your points on a voucher carrying a specified cash discount or benefit, the voucher will have an expiry date specified on it and will be subject to any other terms and conditions stated on that voucher or otherwise publicised.

5. Privacy Policy

5.1 We take privacy seriously. The categories of personal data that we process depend on how you use our services. We use your personal data to align our online and in store services with your preferences, to provide you with purchases and services, to deal with your requests, to contact you regarding tailored products and services which may be of interest to you, to provide prize draws or competitions, or to carry out relevant administrative services. All personal data is processed in accordance with applicable data protection laws. For a full version of our Privacy Policy, please see Privacy Policy

6. General

6.1 The Health & Beautycard is our property and must be returned to us on request, or destroyed when requested by us.

6.2 You are responsible for the security of the Health & Beautycard issued on your account and all points issued. Please treat your Health & Beautycard as securely as you would cash or a credit card, as we are not able to credit points which have been spent, whether or not by an unauthorised person. If your Health & Beautycard is lost, or if you think an unauthorised person has become aware of any security code, password or account number, you should contact the Health & Beautycard helpline on 03456 710 709. You can collect a new Health & Beautycard in-store and we will transfer your points across to that new Health & Beautycard if they have not previously been spent.

6.3 We may immediately suspend or terminate the rights of any member and/or close an account if:

  • these terms and conditions are breached by you; or
  • if we reasonably believe that you have acted in a manner not permitted by these terms and conditions; or
  • if you engage in (or we reasonably suspect you of engaging in) any theft from or misconduct in connection with us or any supplier; or
  • if you supply false or misleading information to us or we discover that you are not eligible to be a member of the Health & Beautycard Programme; or
  • if you are abusive or offensive to any member of our staff.

6.4 You can also close your account at any time by notifying us in writing. If an account is closed for any reason, all rights to spend the points from that account are lost.

6.5 We may make changes to these terms and conditions. If we decide to change these terms and conditions we will seek to give you reasonable notice first by post and/or email at the address you have given to us. We may suspend or close the Health & Beautycard Programme at any time but we will endeavour to give you as much notice as we reasonably can before we do so, by post and/or email at the address you have given to us.

6.6 If Superdrug Stores plc is sold or transferred to another company we may transfer all of our rights and obligations under these terms and conditions without any further consent and may disclose or transfer all information we hold about you to a prospective or actual new owner. Such disclosure or transfer will not alter the rights of such members in respect of the use that can be made of such information by such other company.

6.7 Our responsibilities with respect of the Health & Beautycard Programme are as set out in these terms and conditions. These terms and conditions are subject to the laws of England and Wales (unless you live in Scotland, in which case they are subject to Scottish law, Northern Ireland, in which case they are subject to Northern Irish law), or the Republic of Ireland, in which case they are subject to the laws of the Republic of Ireland.

7. Health & Beautycard MY REWARD Scheme

7.1 To unlock rewards as part of the MY REWARD scheme you need to be a registered Health & Beautycard member aged over 16 and have downloaded the Superdrug App (the “App”).

7.2 When you spend £5 or more in a single transaction in any Superdrug store, on superdrug.com or via the App, your Health & Beautycard account will be logged with a qualifying shop. From the date of your first transaction, you have a maximum of 12 months to unlock the rewards listed below when you make the relevant number of qualifying shops:

  • Reward Tier 1 - 5 qualifying shops – entry into Superdrug’s monthly prize draw for the chance to win a holiday of a lifetime. Separate terms and conditions apply to the prize draw which can be found at superdrug.com/terms/holiday-of-a-lifetime. This reward is not available to Health & Beautycard customers resident in Northern Ireland or Republic of Ireland. If the winner is under 18, an adult over 18 will need to facilitate the holiday.
  • Reward Tier 2 - 15 qualifying shops – receive 1 free B. product from a choice of 6. This will need to be collected from your local Superdrug store. You will not move on from level 2 to level 3 until you have redeemed your product. You will continue to accrue qualifying shops but these will not show on the App.
  • Reward Tier 3 - 30 qualifying shops – receive a free Beauty Box. To claim your Beauty Box, you will need to go onto Superdrug.com. The Beauty Box will automatically be in your basket and you will need to enter the unique code detailed on the App. Your Beauty Box will then be dispatched to you via standard first class delivery.
  • Reward Tier 4 - 50 qualifying shops – unlock double points for 12 months from the date of your 50th qualifying shop.

7.3 Superdrug Mobile customers will only be eligible for Reward Tiers 1-3. Your qualifying shop balance will reset to 0 once you reach Reward Tier 3.

7.4 Only one qualifying shop per day will be recognised.

7.5 Your qualifying shop balance will reset to 0 once:

  • You reach Reward Tier 4 (or Reward Tier 3 if you are a Superdrug Mobile customer). You will be able to work through the My REWARD scheme and unlocking the rewards whilst receiving your double points; or
  • The 12 month period since your first qualifying shop comes to an end, whichever is the sooner.

7.6 You can check what Reward Tier you are at and how many qualifying shops you have at any point by checking your Account in the App.

7.7 Double points offer subject to the usual exclusions of the Health & Beautycard. Full Ts & Cs can be found here.

7.8 Superdrug reserves the right to alter or withdraw the My REWARD scheme at any time.

7.9 Superdrug takes privacy seriously. All personal data is processed in accordance with applicable data protection laws. For a full version of our Privacy Policy, please see Privacy Policy

7.10 If any of these Terms & Conditions are declared invalid, unlawful or unenforceable, then that provision shall be deemed to be deleted from these Terms & Conditions and the remaining provisions shall remain in full force and effect.

7.11 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms & Conditions.

7.12 You and we agree that English law applies to these Terms & Conditions and that any dispute between us arising out of or in connection with these Terms & Conditions will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom or the Republic of Ireland, in which case the applicable law of that part of the United Kingdom or the Republic of Ireland will apply and any dispute will be brought before the courts there.

8. Mindfulness Treat Thursday Email

8.1 Eligibility: To be eligible to enter, a Member must:

  • have received an email from the Promoter during the Promotional Period with details of how to obtain a chance to claim the Gift;
  • have a registered Health & Beautycard;
  • be 16+ and reside within Great Britain; and
  • not be an employee of the Promoter or the Administrator or their respective affiliates or agents, or an immediate family member of such employees or any other person connected with this promotion.

8.2 Promotional Period: 16th April 2020 to 29th April 2020. Eligible Members must redeem their Gift by 23:59, 29th April 2020.

8.3 The Gift: The gift offered is a three (3) months free premium membership to The Mindfulness App. No payment / card details are required to redeem this Gift. Members are responsible for any additional purchases they make on The Mindfulness App outside of the free three (3) months membership period. The Gift is redeemed using a unique voucher code entered on The Mindfulness App. Each unique voucher code is single use only and valid until 23:59, 22nd April 2020 after which time the voucher code will expire and Members will no longer be able to redeem their free membership. This Gift is only redeemable once, if a Member has redeemed this gift through other promotions previously they will not be able to redeem it a second time. Partner terms apply: www.themindfulnessapp.com

8.4 How to participate:

  • Eligible Members will receive an email which will contain (i) details of the Gift, (ii) a unique voucher code, and (iii) a link to redeem the three (3) months free membership.
  • To redeem the Gift, Members must download The Mindfulness App via the dedicated link provided. If a Member already has the app installed, they will still be required need to follow the dedicated link provided in order to redeem the Gift.
  • Once downloaded, Members will be directed to a promotional landing page on The Mindfulness App and prompted to enter their unique voucher code. Members have until 23:59, 29th April 2020 to enter their voucher code and redeem the Gift.
  • Upon successfully entering the code, the three (3) month premium membership will automatically apply and Members will be able to enjoy their Gift.

8.5 No purchase is necessary in order to claim a Gift.

8.6 1 claim per eligible Member.

8.7 Each voucher code is single use and can only be used to redeem the Gift once.

8.8 The Promoter and the Administrator accept no responsibility for any claims that are incomplete, illegible, corrupted, lost, damaged, delayed or fail to reach the Administrator.

8.9 The Promoter and the Administrator reserve the right to require Members to provide further verification as to proof of their membership. In addition, the Promoter and the Administrator reserve the right to reject those claims which it considers, in its absolute discretion, are fraudulent or invalid.

8.10 Your claim will be deemed invalid if (including but not limited to) you:

  • Are not an eligible Member (as detailed in clause 1 above);
  • Have not redeemed your Gift before 23:59, 29th April 2020.
  • Have failed in any way to otherwise comply with these Terms and Conditions or any corresponding partner Terms and Conditions as determined by The Promoter or the Administrator in its sole discretion.

8.11 The Promoter and the Administrator reserves the right to replace the Gift with one of equal or greater value in the event of unavailability due to circumstances beyond its control.

8.12 The Gift is not for re-sale, has no cash value, cannot be auctioned or exchanged and is not transferable or redeemable for cash. The Gift cannot be used in conjunction with any other offers or discounts. Unused, expired and redeemed Gifts cannot be refunded, exchanged or returned.

8.13 Any additional costs which may be incurred in this promotion in the context of participation or claiming the Gift, such as internet costs, extras / upgrades, travel, and other additional services that go beyond those described services for the Gift fulfilment are not included as part of the Gift and must be paid by Members separately.

8.14 Insofar as permitted by law, neither the Promoter nor the Administrator, nor its associated companies, will be responsible or liable to compensate the Member, or accept any liability, for any personal loss or injury occurring whilst using the Gift, neither can they guarantee the quality and / or availability of the services offered when using the Gift and cannot be held liable for any resulting personal loss or damage. Your statutory rights are unaffected.

8.15 The Administrator is responsible for fulfilling the Gift. Any queries regarding the Gift should be directed to the Administrator and if you provide the Administrator with your personal data, it will be used as described here.

8.16 This promotion is administered by TLC UK Marketing Ltd, PO Box 468, Swansea SA1 1RH. All correspondence regarding the Gifts should be directed by post to “Superdrug – Mindfulness Thursday Treat, PO Box 468, Swansea SA1 1RH". If for any reason you encounter a problem, please contact the Administrator (external agency) via email at Thursday-treats@tlcrewards.com and reference ‘Mindfulness Thursday Treat’ in the subject line.

8.17 If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these Terms and Conditions and the remaining clauses shall survive and remain in full force and effect.

8.18 These Terms and Conditions shall be exclusively governed by the laws of England and Wales and eligible Members irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

These Terms & Conditions were last updated in April 2020.

9. Shaw Academy Treat Thursday Email

9.1 Eligibility: To be eligible to enter, a Member must:

  • have received an email from the Promoter during the Promotional Period with details of how to obtain a chance to claim the Gift;
  • have a registered Health & Beautycard;
  • be 16+ and reside within Great Britain; and
  • not be an employee of the Promoter or the Administrator or their respective affiliates or agents, or an immediate family member of such employees or any other person connected with this promotion.

9.2 Promotional Period: 30th April 2020 – 31st May 2020. Eligible Members must redeem their Gift by 23:59, 31st May 2020.

9.3 The Gift: The gift offered is for access to free 4 week online courses with Shaw Academy. Members can undertake multiple 4 week courses. Any 4 week courses which the Members have enrolled in by 23:59, 31st May 2020 will remain accessible until the end of that 4 week course. No payment / card details are required to redeem this Gift. Members are responsible for any additional purchases they make via Shaw Academy outside of the free Gift. The Gift is redeemed using a unique link, given in your Treat Thursday email. Each unique link is single use only and valid until 23:59, 31st May 2020 after which time the link will expire and Members will no longer be able to register and redeem their Gift. Upon completion of a 4 week course (commencement date and end of course) the Member will be contacted by email about upgrading to a monthly subscription, however there is no obligation to do so. Partner terms apply: https://www.shawacademy.com/terms/

9.4 How to participate:

  • Eligible Members will receive an email which will contain (i) details of the Gift and (ii) a unique link to redeem the Gift.
  • To redeem the Gift, Members must follow the dedicated link provided in the email, select a course and complete the registration process. In redeeming the Gift, a Member may be required to sign up to the partners terms and conditions, as set out here, and privacy policy, as set out here. If a Member already has a registered account, they will still be required need to follow the dedicated link provided in order to redeem the Gift. Members have until 23:59, 31st May 2020 to register and redeem their Gift.
  • Once registered, the Gift will be automatically applied.

9.5 No purchase is necessary in order to claim the Gift.

9.6 1 claim per eligible Member.

9.7 The dedicated link is single use and can only be used to redeem the Gift once.

9.8 The Promoter and the Administrator accept no responsibility for any claims that are incomplete, illegible, corrupted, lost, damaged, delayed or fail to reach the Administrator.

9.9 The Promoter and the Administrator reserve the right to require Members to provide further verification as to proof of their membership. In addition, the Promoter and the Administrator reserve the right to reject those claims which it considers, in its absolute discretion, are fraudulent or invalid.

9.10 Your claim will be deemed invalid if (including but not limited to) you:

  • Are not an eligible Member (as detailed in clause 1 above);
  • Have not redeemed your Gift before 23:59, 31st May 2020.
  • Have failed in any way to otherwise comply with these Terms and Conditions or any corresponding partner Terms and Conditions as determined by The Promoter or the Administrator in its sole discretion.

9.11 The Promoter and the Administrator reserves the right to replace the Gift with one of equal or greater value in the event of unavailability due to circumstances beyond its control.

9.12 The Gift is not for re-sale, has no cash value, cannot be auctioned or exchanged and is not transferable or redeemable for cash. The Gift cannot be used in conjunction with any other offers or discounts. Unused, expired and redeemed Gifts cannot be refunded, exchanged or returned.

9.13 Any additional costs which may be incurred in this promotion in the context of participation or claiming the Gift, such as internet costs, extras / upgrades, travel, and other additional services that go beyond those described services for the Gift fulfilment are not included as part of the Gift and must be paid by Members separately.

9.14 Insofar as permitted by law, neither the Promoter nor the Administrator, nor its associated companies, will be responsible or liable to compensate the Member, or accept any liability, for any personal loss or injury occurring whilst using the Gift, neither can they guarantee the quality and / or availability of the services offered when using the Gift and cannot be held liable for any resulting personal loss or damage. Your statutory rights are unaffected.

9.15 The Administrator is responsible for fulfilling the Gift. Any queries regarding the Gift should be directed to the Administrator and if you provide the Administrator with your personal data, it will be used as described here. If you redeem the Gift then your personal data will be used by Shaw Academy in accordance with their privacy policy.

9.16 This promotion is administered by TLC UK Marketing Ltd, PO Box 468, Swansea SA1 1RH. All correspondence regarding the Gifts should be directed by post to “Superdrug – Shaw Academy Thursday Treat, PO Box 468, Swansea SA1 1RH". If for any reason you encounter a problem, please contact the Administrator (external agency) via email at thursday-treats@tlcrewards.com and reference ‘Shaw Academy Thursday Treat’ in the subject line.

9.17 If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these Terms and Conditions and the remaining clauses shall survive and remain in full force and effect.

9.18 These Terms and Conditions shall be exclusively governed by the laws of England and Wales and eligible Members irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

10. Pamper Hamper Giveaway – Full Terms & Conditions

10.1 Entry to Superdrug’s prize draw run via Instagram (the “Prize Draw”) is open to registered Superdrug Health & Beautycard holders who are GB residents and aged 16 and over, except employees of Superdrug Stores plc (“Superdrug”) or any related companies, their families, agents or anyone professionally connected with the Prize Draw.

10.2 No purchase is necessary to enter the Prize Draw.

10.3 To enter the Prize Draw, you must:

  • follow @Superdrug;
  • like the relevant Prize Draw post;
  • comment with your favourite Superdrug pamper product; and
  • tag who you’d want to have a pamper day with,
  • on Superdrug’s Instagram page by 23.59 on 10/05/2020 (“Closing Date”).

10.4 Entrants must have a registered Instagram account and a valid Superdrug Health & Beautycard which must be registered by the time of the Closing Date for the entry to be valid.

10.5 There is a limit of one entry per person. Multiple entries or entries that are delivered late, are illegible, incomplete, damaged or otherwise not in accordance with these terms and conditions will not be accepted. Entries made through agents, third parties, organised groups or any entry duplication method will not be accepted.

10.6 There will be 10 winners.

10.7 The winners will receive a pamper hamper which will include a face mask, bath bomb, foot sock, diffuser, hair mask, facial spritz, hand cream, face cream (male or female), bubble bath and bathing accessory.

10.8 The winners will be selected at random from all eligible entries by 11/05/2020 and notified by 12/05/2020 by direct message.

10.9 Unless otherwise stated, the winners must claim their prize within 7 days of notification. If they do not do so, then Superdrug reserves the right to offer the prize to an alternative winner selected in accordance with these terms and conditions.

10.10 The prize will be sent by Special Delivery post within 28 days of the winners claiming their prize and providing their details to Superdrug.

10.11 Any decision of Superdrug as to eligibility to take part in the Prize Draw or the result of the Prize Draw will be final and no correspondence will be entered into. Superdrug accepts no responsibility for entries that are incomplete, late, delayed, lost, damaged or illegible whether due to failure or non-availability of www.instagram.com or any other reason.

10.12 There is no cash alternative to the prize.

10.13 Prize images used are for visual purposes only. Alternative products, sizes or colours may be substituted for the items shown.

10.14 Superdrug reserves the right (but is not obliged) to substitute an alternative to any of the prizes of equal or greater value should circumstances make this necessary.

10.15 Superdrug reserves the right to delay, postpone or cancel the Prize Draw.

10.16 Entry implies acceptance of these terms and conditions and Instagram’s terms of service.

10.17 The winners’ surnames and counties will be available on request for one month after the prize(s) have been claimed by sending an email to marketing@superdrug.com. Entrants may object to the disclosure of this information by sending an email to marketing@superdrug.com by 11/05/2020. The information shall nevertheless be made available to the Advertising Standards Authority upon request.

10.18 By entering the Prize Draw, all entrants agree that their personal data will be used by Superdrug for the sole purpose of administering the Prize Draw and in accordance with Superdrug’s Privacy Policy. The Privacy Policy can be found at www.superdrug.com/page/privacypolicy.

10.19 The winners may be required to participate in non-paid publicity or advertising relating to the Prize Draw, which may include having their photograph taken for promotional and press purposes.

10.20 The Prize Draw and these terms and conditions are subject to English law. Any disputes must be referred to the English Courts.

10.21 All entrants fully release Instagram from any liability in connection with the Prize Draw.

10.22 This promotion is not sponsored, endorsed or administered by or associated with Instagram and you are providing information to Superdrug NOT Instagram.

11. Superdrug CHILI Thursday Treat campaign

These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials for the Superdrug CHILI Thursday Treat campaign. The campaign will include selected Superdrug Health & Beautycard members (the “Member”) receiving the chance to claim a free online movie rental with CHILI via email notification (“the Gift”) from Superdrug (the “Promoter”). Participants to the Superdrug CHILI Thursday Treat campaign agree to these Terms and Conditions.

Promoter: Superdrug Stores plc, Registered address: 51 Sydenham Road, Croydon, CR0 2EU.

Administrator: TLC UK Marketing Ltd, 17a-19 Harcourt Street, London, W1H 4HF.

11.1 Eligibility: To be eligible to enter, a Member must:

  • have received an email from the Promoter during the Promotional Period with details of how to obtain a chance to claim the Gift (the “Thursday Treat email”);
  • have a registered Health & Beautycard;
  • be 16+ and reside within Great Britain; and
  • not be an employee of the Promoter or the Administrator or their respective affiliates or agents, or an immediate family member of such employees or any other person connected with this promotion.

11.1 Eligibility: 14th May 2020 – 27th May 2020. Eligible Members must redeem their Gift by 23:59, 27th May 2020.

11.2 Promotional Period: 14th May 2020 – 27th May 2020. Eligible Members must redeem their Gift by 23:59, 27th May 2020.

11.3 The Gift: The gift offered is one free SD, HD or 4K movie rental from the special selection range on CHILI. The movie rental credit can be used against any content within the “Special Selection” collection, found here: www.chili.com/uk/specialselection. Movie selection is subject to change. Credit will be valid against rentals in all formats. Members must submit their voucher code and login/register an account with CHILI by 23:59, 27th May 2020. Members will have until 10th June 2020 to select a movie using their credit. Members can then watch their chosen movie within 28 days from the point of selection and 48 hours from the first “play”. No payment / card details are required to redeem this Gift. Members are responsible for any additional purchases they make via CHILI outside of the free Gift. The Gift is redeemed using a unique voucher code, given in your Treat Thursday email. Each unique voucher code is single use only and valid until 23:59, 27th May 2020 after which time the voucher code will expire and Members will no longer be able to redeem their free movie rental. Partner terms apply: https://uk.chili.com/terms-and-conditions

11.4 How to participate:

  • Eligible Members will receive a Thursday Treat email which will contain (i) details of the Gift, (ii) a unique voucher code and (ii) a link (www.chili.com/promotion) to redeem the Gift.
  • To redeem the Gift, Members must follow the URL provided in the Thursday Treat email and enter their unique voucher code on the landing page. Members will then be directed to login or register (if they don’t already have a registered account) and taken to the “My CHILI” page where they will see the full details of the promotion. Members have until 23:59, 27th May 2020 redeem their Gift.
  • Once registered, the Gift will be automatically applied.
  • Members will then need to select their chosen movie from the “Special Selection” collection and confirm their preferred quality (SD, HD, or 4K - Members will need to choose 4K when it is the only option available and click on ‘WATCH IT NOW’.
  • Members will then need to complete the redemption by clicking on ‘CONFIRM PURCHASE’. Members can then enjoy their free rental. Members will be able to see what they have rented in the ‘MY CHILI’ section.

11.5 No purchase is necessary in order to claim the Gift.

11.6 1 claim per eligible Member.

11.7 Each unique voucher code is single use and can only be used to redeem the Gift once.

11.8 The Promoter and the Administrator accept no responsibility for any claims that are incomplete, illegible, corrupted, lost, damaged, delayed or fail to reach the Administrator.

11.9 The Promoter and the Administrator reserve the right to require Members to provide further verification as to proof of their membership. In addition, the Promoter and the Administrator reserve the right to reject those claims which it considers, in its absolute discretion, are fraudulent or invalid.

11.10 Your claim will be deemed invalid if (including but not limited to) you:

  • Are not an eligible Member (as detailed in clause 1 above);
  • Have not redeemed your Gift before 23:59, 27th May 2020.
  • Have failed in any way to otherwise comply with these Terms and Conditions or any corresponding partner Terms and Conditions as determined by The Promoter or the Administrator in its sole discretion.

11.11 The Promoter and the Administrator reserves the right to replace the Gift with one of equal or greater value in the event of unavailability due to circumstances beyond its control.

11.12 The Gift is not for re-sale, has no cash value, cannot be auctioned or exchanged and is not transferable or redeemable for cash. The Gift cannot be used in conjunction with any other offers or discounts. Unused, expired and redeemed Gifts cannot be refunded, exchanged or returned.

11.13 Any additional costs which may be incurred in this promotion in the context of participation or claiming the Gift, such as internet costs, extras / upgrades, travel, and other additional services that go beyond those described services for the Gift fulfilment are not included as part of the Gift and must be paid by Members separately.

11.14 Insofar as permitted by law, neither the Promoter nor the Administrator, nor its associated companies, will be responsible or liable to compensate the Member, or accept any liability, for any personal loss or injury occurring whilst using the Gift, neither can they guarantee the quality and / or availability of the services offered when using the Gift and cannot be held liable for any resulting personal loss or damage. Your statutory rights are unaffected.

11.15 The Administrator is responsible for fulfilling the Gift. Any queries regarding the Gift should be directed to the Administrator and if you provide the Administrator with your personal data, it will be used as described here. If you redeem the Gift then your personal data will be used by CHILI in accordance with their privacy policy.

11.16 This promotion is administered by TLC UK Marketing Ltd, PO Box 468, Swansea SA1 1RH. All correspondence regarding the Gifts should be directed by post to “Superdrug – CHILI Thursday Treat, PO Box 468, Swansea SA1 1RH". If for any reason you encounter a problem, please contact the Administrator (external agency) via email at thursday-treats@tlcrewards.com and reference ‘CHILI Thursday Treat’ in the subject line.

11.17 If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these Terms and Conditions and the remaining clauses shall survive and remain in full force and effect.

11.18 These Terms and Conditions shall be exclusively governed by the laws of England and Wales and eligible Members irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

12. Superdrug Mobile iPhone 11 Giveaway – Full Terms & Condition

Standard Ts&Cs for Instagram Prize Draws

12.1 Entry to Superdrug’s prize draw run via Instagram (the “Prize Draw”) is open to GB residents – excluding Isle of Man & Jersey – and aged 16 and over, except employees of Superdrug Stores plc (“Superdrug”) or any related companies, their families, agents or anyone professionally connected with the Prize Draw.

12.2 No purchase is necessary to enter the Prize Draw.

12.3 To enter the Prize Draw, you must:

  • like the relevant Prize Draw post on Superdrug’s Instagram page;
  • follow @superdrug & @superdrugmobile;
  • tag a friend; and
  • comment how much Superdrug Mobile’s Unlimited data plan costs,
    by 23:59 on 24/05/2020.

12.4 There is a limit of one entry per person. Multiple entries or entries that are delivered late, are illegible, incomplete, damaged or otherwise not in accordance with these terms and conditions will not be accepted. Entries made through agents, third parties, organised groups or any entry duplication method will not be accepted.

12.5 There will be 1 prize winner who will receive an iPhone 11 (colour and GB size to be confirmed and the winner will not be able to choose either element) & a Superdrug Mobile Unlimited data Plan for 12 months.

12.6 The winner will be selected at random from all eligible entries by 26/05/2020 and notified by directly by commenting on the Prize Draw post within 7 days.

12.7 Unless otherwise stated, the winner must claim their prize within 14 days of notification. If they do not do so, then Superdrug reserves the right to offer the prize to an alternative winner selected in accordance with these terms and conditions.

12.8 The prize will be sent by Special Delivery post within 28 days of the winner claiming their prize and providing their details to Superdrug.

12.9 The winner will need to set up their own Superdrug Mobile account in order to register the SIM and receive the free unlimited data plan for 12 months. In order to create a Superdrug Mobile account, the winner will be required to have a Superdrug Health & Beautycard and will need to agree to the Superdrug Mobile terms and conditions which can be found at https://www.superdrugmobile.com/terms. The winner can sign up for a Superdrug Health & Beautycard when activating their Superdrug Mobile account and registering the SIM.

12.10 Any decision of Superdrug as to eligibility to take part in the Prize Draw or the result of the Prize Draw will be final and no correspondence will be entered into. Superdrug accepts no responsibility for entries that are incomplete, late, delayed, lost, damaged or illegible whether due to failure or non-availability of www.instagram.com or any other reason.

12.11 There are no cash alternatives to the prize and the prize is non-transferable. If the prize winner chooses to close their Superdrug Mobile account before the 12 months has passed, the credit on the account will be lost.

12.12 The winner will receive an iPhone 11 (colour and GB size to be confirmed and the winner will not be able to choose either element). Superdrug reserves the right (but is not obliged) to substitute an alternative to any of the prizes of equal or greater value should circumstances make this necessary.

12.13 Superdrug reserves the right to delay, postpone or cancel the Prize Draw.

12.14 Entry implies acceptance of these terms and conditions and Instagram’s terms of service.

12.15 The winner’s surname and county will be available on request for one month after the prize has been claimed by sending an email to marketing@superdrug.com. Entrants may object to the disclosure of this information by sending an email to marketing@superdrug.com by 16/06/2020. The information shall nevertheless be made available to the Advertising Standards Authority upon request.

12.16 By entering the Prize Draw, all entrants agree that their personal data will be used by Superdrug for the sole purpose of administering this Prize Draw and in accordance with Superdrug’s Privacy Policy. The Privacy Policy can be found at www.superdrug.com/page/privacypolicy.

12.17 The winner may be required to participate in non-paid publicity or advertising relating to the Prize Draw, which may include having their photograph taken for promotional and press purposes.

12.18 The Prize Draw and these terms and conditions are subject to English law. Any disputes must be referred to the English Courts.

12.19 All entrants fully release Instagram from any liability in connection with the Prize Draw.

12.20 This promotion is not sponsored, endorsed or administered by or associated with Instagram and you are providing information to Superdrug NOT Instagram.

Promoter: Superdrug Stores plc, 51 Sydenham Road, Croydon, Surrey, CR0 2EU

13. Cafeyn Magazine Subscripton Treat Thursday Email

Terms And Conditions For The Provision Of Non-Merchandise Goods And/Or Services

1. Applicability

1.1 These terms and conditions and the attached Contract Particulars (together the "Contract") set out the basis on which Superdrug purchases the Goods and/or Services from the Supplier.

1.2 If there is any conflict, ambiguity or inconsistency between the parts of this Contract the following order of precedence shall apply:

  • the terms and conditions (first); and then
  • the Contract Particulars (second); and then
  • the Annex (last).

1.3 The Contract commences on the Commencement Date and continues for the Term unless and until terminated in accordance with the provisions in this Contract.

1.4 The Supplier will supply and Superdrug shall purchase, the Goods and/or Services specified in the Contract Particulars in accordance with the terms and conditions of this Contract. Superdrug may submit additional orders for Goods and/or Services by issuing a Purchase Order. The Purchase Order constitutes an offer by Superdrug to purchase Goods and/or Services from the Supplier in accordance with this Contract and shall be deemed to be accepted on the earlier of:

  • the Supplier issuing written acceptance of the Purchase Order; or
  • any act by the Supplier consistent with fulfilling the Purchase Order.

1.5 The Supplier is appointed under this Contract on a strictly non-exclusive basis. The Supplier acknowledges and agrees that:

  • Superdrug has given the Supplier no representation or warranty as to historical volumes provided by Superdrug which shall be indicative of any future volume of Goods provided under this Contract;
  • where Superdrug provides the Supplier with a forecast of anticipated volumes of Goods and/or Services which may be required by Superdrug, such forecasts are indicative only and shall not bind Superdrug whether to purchase any forecasted (or other minimum) volume or otherwise; and
  • notwithstanding clause 1.5(b), the Supplier shall, at all times during the Term, maintain sufficient personnel, manufacturing capacity, stocks of raw materials and packaging, and stocks of Goods to enable it to meet or exceed 110% of Superdrug's forecasted requirements for the next three months or such other volume as Superdrug may reasonably require from time-to-time.

2. General Obligations

2.1 In performing its obligation under this Contract the Supplier shall:

  • observe all health and safety rules and regulations and any security requirements that apply at any of Superdrug's or any Superdrug Affiliate's premises (such premises being the "Sites");
  • comply with the amfori BSCI Code of Conduct; and
  • hold all Superdrug Materials in safe custody at its own risk, maintain the Superdrug Materials in good condition until returned to Superdrug, and not use the Superdrug Materials other than in accordance with Superdrug's written instructions.

2.2 The Supplier shall ensure that:

  • while on any Site to deliver the Goods/Deliverables or while performing the Services that all of its Personnel carry out their duties and behave in an orderly and appropriate manner, having regard to the nature of their duties;
  • its Personnel comply with any requirements, codes of conduct and guidelines (including security requirements) as Superdrug or any Superdrug Affiliate may lawfully require from time to time in relation to persons entering any of the Sites and their conduct whilst at the Sites.

3. Goods: Obligations

3.1 The Supplier represents, undertakes and warrants that:

  • it shall provide the Goods with the best care, skill and diligence and in accordance with Applicable Law and best practice in the Supplier's industry;
  • the Goods will conform with all descriptions and specifications set out in the Contract Particulars or a Purchase Order, and that the Goods/Deliverables shall be of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended) fit for any purpose expressly or impliedly made known to the Supplier by Superdrug;
  • the Goods are free from defects and remain so for 12 months after delivery;
  • the use of the Goods and/or any other material/information or item provided by the Supplier shall not and does not infringe the Intellectual Property Rights of a third party; and
  • where applicable, the Goods shall conform to any finished sample approved by Superdrug.

4. Remedies: Goods

4.1 Superdrug shall without limiting its other rights and remedies, have the following rights, whether or not it has accepted the Goods, if the Goods are not delivered in accordance with this Contract:

  • to reject the Goods (in whole and in part) and return them to the Supplier at the Supplier's own risk and expense;
  • to require the Supplier to repair or replace the rejected Goods at the Supplier’s risk and expense within five Business Days of being requested to do so;
  • to require the Supplier to repay the Charges of the rejected Goods in full (whether or not Superdrug has previously required the Supplier to repair or replace the rejected Goods);
  • to refuse to accept any subsequent delivery of the Goods that the Supplier attempts to make;
  • to recover from the Supplier any Losses incurred by Superdrug in obtaining substitute Goods from a third party;
  • to claim damages for any other costs, expenses or Losses resulting from the Supplier's delivery of Goods that are not in conformity with the terms of this Contract.

4.2 This Contract shall apply to any repaired or replacement Goods supplied by the Supplier.

5. Services: Obligations

5.1 The Supplier represents, undertakes and warrants that:

  • it will provide the Services and any Deliverables so as to meet the Specifications, Service Levels and other terms detailed in this Contract;
  • it will provide the Services and any Deliverables with a reasonable level of skill, care and diligence, and in a timely manner so as to meet any timescales detailed in this Contract or a Purchase Order and in accordance with Applicable Law and best practice in the Supplier's industry;
  • it has and shall continue to have throughout the Term effectively trained Personnel of sufficient number with abilities, qualifications and experience necessary to perform the services in accordance with the provisions of this Agreement; and
  • the use of the Deliverables and/or any other material, information or item provided by or on behalf of the Supplier does not and shall not infringe the Intellectual Property Rights of any third party.

6. Remedies: Services

6.1 Superdrug shall without limiting its other rights and remedies, have the following rights, whether or not it has accepted the Services and/or Deliverables, if the Services and/or Deliverables are not delivered in accordance with this Contract:

  • to refuse to accept any subsequent performance of the Services that the Supplier attempts to make;
  • to require the Supplier to re-perform the Services at no additional cost to Superdrug;
  • to suspend payment of the Charges until such time as the Supplier recommences the provision of the Services;
  • to recover from the Supplier any costs reasonably incurred by Superdrug in obtaining and purchasing substitute services from a third party;
  • where Superdrug has paid in advance for the Services that have not been provided by the Supplier, to have the relevant sums refunded or credited by the Supplier to Superdrug;
  • to claim damages for any additional Losses incurred by Superdrug that are attributable to the Supplier’s delay and/or failure in performing the Services; and/or
  • to claim Service Credits in accordance with the Contract Particulars.

6.2 The terms of this Contract shall apply to any substituted or remedial services provided by the Supplier.

7. Charges And Payment

7.1 The Supplier shall issue invoices for the Charges in accordance with the Contract Particulars.

7.2 Superdrug shall pay all Charges as specified in the Contract Particulars.

7.3 The Charges are exclusive of any applicable VAT (which shall be payable at the rate and in the manner prevailing at the relevant tax point and at the same time as the Charges).

7.4 If Superdrug disagrees with the amount specified in any invoice, it shall be entitled to notify the Supplier in writing and withhold any disputed sum relating to such invoice without prejudice to any other rights or remedies Superdrug may have.

7.5 Superdrug may exercise the right to set off or withhold any sums owed to it against any payments due to the Supplier under or in relation to this Contract.

8. Delivery Of The Goods

8.1 Unless specified in the Contract Particulars, the Goods shall be delivered, carriage and insurance paid, to the Delivery Location stated in the Contract Particulars or as notified to the Supplier by Superdrug in a Purchase Order. This includes export requirements from the originating country and import requirements into the destination country as provided for in the relevant Incoterm (where such Delivery Start Location and Delivery End Location are specified in the Contract Particulars).

8.2 Unless provided for in any relevant Incoterm (where specified in the Contract Particulars) or where otherwise agreed with Superdrug, when importing and exporting the Goods the Supplier shall not name Superdrug companies as the importer of record or exporter of record in any jurisdiction.

8.3 The Supplier shall ensure that the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition.

8.4 The Supplier shall deliver the Goods and/or Services specified in the Contract Particulars by the date specified in the Contract Particulars and/or Purchase Order. Time for delivery shall be of the essence.

8.5 The Supplier shall provide the Goods and/or Services and Deliverables to meet or exceed the Service Level and, without prejudice to any other rights or remedies which Superdrug may have (whether under this Contract or otherwise), in the event that the Supplier fails to meet the Service Level, the Supplier will, on demand, pay to Superdrug the Service Credit specified in the Contract Particulars.

8.6 Delivery of the Goods shall be completed after the unloading of the Goods at the Delivery Location.

9. Acceptance Of Goods / Deliverables

9.1 Superdrug shall not be deemed to have accepted any Goods and/or Deliverables until it has had a reasonable time to inspect them following delivery and perform such tests as Superdrug deems necessary given the nature of the relevant Goods and/or Deliverables (as applicable) to ensure that such Goods and/or Deliverables have been supplied in accordance with this Contract, or, in the case of a latent defect in the Goods and/or Deliverables, until a reasonable time after the latent defect has become apparent.

9.2 Superdrug may, out its sole discretion, reject all or part of the Goods if the quantity of Goods delivered by the Supplier differs by 5% (five percent) or more than the amount set out in the Contract Particulars and/or a Purchase Order.

10. Title And Risk

10.1 Unless otherwise agreed with Superdrug, the title and risk in Goods/Deliverables delivered to Superdrug shall pass to Superdrug on delivery at the Delivery Location or on payment for the Goods/Deliverables in full, if payment is made before delivery. Should the Goods/Deliverables be returned or rejected by Superdrug, title shall only pass back to the Supplier on Superdrug's receipt of replacement Goods/Deliverables or reimbursement of any sums payable.

11. Intellectual Property Rights

11.1 All Superdrug Materials are the exclusive property of Superdrug. The Supplier may not use the Superdrug marks or any marks similar without the prior written consent of Superdrug.

11.2 Subject to clause 11.7, any and all Intellectual Property Rights that arise or are created by or on behalf of the Supplier solely pursuant to this Contract and for the sole use by Superdrug shall, on creation, immediately vest in Superdrug and the Supplier hereby:

  • assigns or agrees to procure the assignment of all those Intellectual Property Rights to Superdrug with full title guarantee and free of any encumbrances and in the case of copyright, by way of a present assignment of future copyright, together with the right to sue for past infringement of the Intellectual Property Rights;
  • acknowledges and agrees that, where requested by Superdrug, it shall prepare Deliverables on Superdrug templates which acknowledges Superdrug's proprietary rights in such Deliverable(s) and, once such Deliverable has been created shall delivery it to Superdrug.

11.3 Subject to clause 11.7, the Supplier hereby waives and shall procure the waiver of any moral rights in any Intellectual Property Rights which arise or are created by or on behalf of the Supplier solely pursuant to this Contract to which it or its Personnel are now or may be at any future time entitled under Chapter IV of Part I of the Copyright Designs and Patents Act 1988 or any similar provisions of law in any jurisdiction.

11.4 The Supplier undertakes not to register nor attempt to register any Intellectual Property Rights in the Deliverables, unless requested to do so by Superdrug.

11.5 The Supplier agrees to take all actions and execute all documents as may in Superdrug's opinion be reasonably necessary to enable Superdrug to obtain, defend and enforce its rights in the Deliverables, and shall not do or fail to do any act which would or might prejudice Superdrug's rights under this clause 11.

11.6 Unless otherwise agreed in writing, the Background Rights owned by that party (or its third party licensors) in any Deliverables shall, at all times during the Term of this Contract, be retained by that party (or its third party licensors).

11.7 The Supplier hereby grants to Superdrug (or shall procure the grant to Superdrug of) a worldwide, perpetual, irrevocable, non-exclusive, assignable, royalty-free licence and all necessary permissions and/or consents required (with full right to sub-license) to use, reproduce, exploit, modify and alter the Supplier’s Background Rights to enable Superdrug to benefit from the Services in connection with Superdrug's business.

11.8 To the extent that any Deliverables incorporates elements in which:

  • the Intellectual Property Rights are owned by a third party (“Third Party Intellectual Property Rights”);
  • those elements are not exclusive to Superdrug; and/or
  • the third party will not assign those Third Party Intellectual Property Rights to Superdrug or the Supplier,
    the Supplier must notify Superdrug in writing prior to incorporating such Third Party Intellectual Property Rights within the applicable Deliverables and, unless otherwise agreed, the Supplier hereby grants to Superdrug (or shall procure (at no additional cost to Superdrug) the grant to Superdrug of) a world-wide, perpetual, irrevocable, non-exclusive, assignable, royalty-free licence and all necessary permissions and/or consents required (with full right to sublicense) to use, reproduce, exploit, modify and alter those third party Intellectual Property Rights to enable Superdrug to use the Deliverables and/or benefit from the Services in connection with Superdrug's business.

12. Approvals

12.1 The Supplier shall submit to Superdrug such Deliverables for the Programme as Superdrug may request, including copy, designs, layouts and artwork, for written approval. Superdrug may request the Supplier to submit to Superdrug several alternative Programme ideas which will then be reviewed by Superdrug.

12.2 Superdrug will use its reasonable endeavours to provide written approval or an update to the Supplier within five (5) Business Days of receipt of individual Deliverables produced by or on behalf of the Supplier.

12.3 In relation to any Deliverable, the Supplier may proceed to produce the Deliverable (and, where relevant, enter into contracts with third parties in relation thereto) when it has obtained Superdrug's written approval of:

  • the relevant designs, copy, layouts and artwork;
  • any related third party fees not included in the Charges;
  • the appointment of any third party; and
  • the terms of acquisition of any work or materials authored, created or performed by a third party and either commissioned for, or used in relation to, the Services, including library images to be included in the Deliverable.

12.4 During the Term, the Supplier shall immediately advise Superdrug of any material changes in plans, schedules or work-in-progress previously approved by Superdrug in accordance with this Contract.

13. Employees

13.1 If as a result of the termination (or the expiry) of the Contract, any contract of employment of any person has effect as if originally made between Superdrug (and/or any Subsequent Supplier (as applicable)) and such person as a result of the Regulations (as amended, re-enacted or extended), then:

  • either party shall, upon becoming aware of such effect, notify the other immediately or if not reasonably practicable to do so, then as soon as reasonably practicable thereafter of such effect;
  • Superdrug may (and/or its Subsequent Supplier may) at its option terminate the employment of such person or accept such person on terms to be agreed by the parties (including, for the avoidance of doubt, a term that Superdrug (and/or its Subsequent Supplier) shall be indemnified against any liabilities in respect of the employment of such person arising on or prior to their transfer date); and
  • where Superdrug (and/or its Subsequent Supplier may) have terminated the employment of such person pursuant to clause 13.1(b) above, the Supplier shall indemnify Superdrug and/or any Subsequent Supplier (as applicable) against:
    1. all Losses arising out of such termination or otherwise arising out of the employment of such person by Superdrug and/or its Subsequent Supplier (as applicable);
    2. any direct employment costs (if any) associated with the employment of such person by Superdrug and/or its Subsequent Supplier (as applicable) up to the date of termination of such person’s employment; and/or
    3. any act or omission which is occurred or is alleged to have occurred prior to the Termination Date, in relation to any of the Supplier or subcontractor’s employees.
  • the Supplier shall indemnify Superdrug and any Subsequent Supplier against any Losses in connection with:
    1. the termination of employment, prior to the Termination Date, of any of the Supplier or subcontractor’s employees; and
    2. any claim that, in relation to any of the Supplier or Sub-Contractor’s employees, there has been a failure to comply with obligations under the Regulations, save where the failure is due to any failure by Superdrug or the Subsequent Supplier to comply with its obligations under Regulation 13(4) of the Regulations.

13.2 If the Regulations apply, the Supplier shall co-operate (and shall procure that any subcontractor shall co-operate) in the transfer of its or their employees to Superdrug or a Subsequent Supplier (as required and where applicable) on the Termination Date.

14. Limitation Of Liability

14.1 Nothing in the Contract excludes or limits any liability which cannot legally be limited, including liability for:

  • death or personal injury caused by negligence;
  • fraud or fraudulent misrepresentation; or
  • any express indemnity given in this Contract including the indemnities set out at clauses 13 and 15.

14.2 Subject to clause 14.1, the maximum aggregate liability, in any Contract Year, of the Supplier in relation to this Agreement, howsoever arising and including as a result of breach of contract, tort (including negligence) or statutory duty, shall not exceed the greater of: (i) 200% of the aggregate Charges in respect of the Contract Year; and (ii) £5,000,000 (five million pounds).

14.3 Subject to clause 14.1, the maximum aggregate liability in any Contract Year of Superdrug, in relation to this Agreement, howsoever arising and including as a result of breach of contract, tort (including negligence) or statutory duty shall not exceed 100% of the Charges in respect of that Contract Year.

14.4 Subject to clause 14.1 above, neither party will be liable to the other party for any indirect, consequential or special loss arising out of, or in connection with, this Contract.

15. Indemnities

15.1 The Supplier shall indemnify and hold harmless Superdrug and each Superdrug Affiliate, their respective sub-contractors against all Losses suffered or incurred by Superdrug, each Superdrug Affiliate, their respective sub-contractors arising out of, or in connection with, the following matters:

  • damage to property, death or personal injury caused by the acts and/or omissions of the Supplier, its employees and agents arising out of or in connection with this Contract;
  • any claim or allegation that the use by Superdrug or possession by Superdrug of the Goods, Services and/or Deliverables or any materials provided by or on behalf of the Supplier infringe any rights (including Intellectual Property Rights) of a third party;
  • any recall of Goods resulting from a breach by the Supplier of the terms of this Contract and/or Applicable Law;
  • any failure of the Supplier, its employees and agents to comply with Applicable Law; or
  • any breach or alleged breach of Clause 16 (Data Protection);
  • any breach of Clause 17 (Confidentiality);
  • any breach of Clause 21 (Anti-Bribery); and
  • any breach of Clause 22 (Anti-Slavery).

16. Data Protection

16.1 The Supplier shall comply with all laws and regulations applicable to the Supplier’s processing of Personal Data (as those expressions are defined in the Act below) in the course of or in connection with its performance under this Agreement, including, without limitation all the provisions of the Data Protection Act 2018 and any regulations or instruments thereunder (the “Act”), (the “Data Protection Law”).

16.2 In relation to Personal Data provided or made available to the Supplier or created for Superdrug in connection with this Agreement, the Supplier shall, and shall procure that any subcontractor shall:

  • process the Personal Data only in accordance with Superdrug’s lawful instructions;
  • implement appropriate technical and organisational security measures to protect the security and confidentiality of the Personal Data and prevent unauthorised or unlawful processing and accidental loss, destruction or damage of such Personal Data;
  • notify Superdrug of any subject access request and of any actual, suspected, accidental or unauthorised access, disclosure, loss or use of Personal Data;
  • not transfer any Personal Data without consulting and obtaining consent from Superdrug;
  • not transfer any Personal Data from within the European Economic Area to any country outside the European Economic Area unless: (i) there has been a European Community finding of adequacy pursuant to Article 25(6) of the EC Data Protection Directive 95/46/EC in respect of that country; or (ii) the transfer is to a data importer in the United States which maintains continuous self-certification in accordance with the US Department of Commerce’s Privacy Shield scheme.

17. Confidentiality

17.1 Each party shall keep and procure to be kept secret and confidential all Confidential Information belonging to the other party disclosed or obtained as a result of the relationship of the parties under this Contract and shall not use nor disclose the same save for the purposes of the proper performance of this Contract or with the prior written consent of the other party.

18. Termination

18.1 Either party may immediately terminate this Contract without payment of compensation or other damages if the other party:

  • commits a material breach of this Contract which is incapable of remedy;
  • fails to remedy, where it is capable of remedy, or persists in any breach of this Contract after having been required in writing to remedy or desist from such breach within a period of thirty (30) days;
  • is unable to pay its debts as they fall due, or suffers an event of insolvency.

18.2 Superdrug may terminate this Contract immediately by written notice to the Supplier, without payment of compensation or other damages caused to the Supplier solely by such termination if the Supplier undergoes a change of Control. For the purposes of this clause 18.2, “Control” has the meaning specified in section 1124 of the Corporation Taxes Act 2010.

18.3 The termination of this Contract shall be without prejudice to the rights and remedies of either party which may have accrued up to the date of termination.

18.4 Each of the parties shall immediately return to the other party (or, if the other party so requests by notice in writing, destroy) all of the other party’s property in its possession at the date of expiry or earlier termination.

19. Notices

19.1 A notice shall be effective upon written notice to the other party which shall be issued by a party on its headed note-paper and the notice shall be sent by first class mail or courier. Any notice given shall be deemed to have been received as of the earlier of actual receipt or three (3) Business Days after posting or depositing with a courier service. The address to which a notice is to be sent is the address stated in the Contract Particulars and shall be, in the case of Superdrug, marked as for the attention of Superdrug's Finance Director.

20. Publicity

20.1 The Supplier shall not mention the Superdrug's name in any media release, public announcement or public disclosure relating to this Contract.

21. General

21.1 This Contract, together with the documents referred to in this Contract contains the entire agreement between the parties with respect to the subject matter in it and as of the Commencement Date supersedes all prior oral and written agreements, arrangements, communication negotiations, and representations.

21.2 Any variation of this Contract shall be effective only if it is in writing, refers specifically to this Contract and is duly executed by each of the parties to this Contract.

21.3 If any provision of this Contract is declared to be illegal, invalid or unenforceable, the remaining provisions of this Contract shall nevertheless remain in full force and effect. The failure or delay of either party to insist upon the performance of any term or condition or to exercise any right or remedy conferred under this Contract shall not limit or preclude or be construed as a waiver or otherwise affect any such terms, conditions, right or remedy.

21.4 The Supplier may not assign, transfer or sub- contract any of its rights or obligations under this Contract without Superdrug's prior written consent and, where such consent is granted, the Supplier acknowledges and agrees that it shall remain responsible for all acts and omissions of its assignees, transferees and/or subcontractors (as applicable) and the acts and omissions of those employed or engaged by the assignees, transferees and/or subcontractors (as applicable) as if they were its own.

22. Anti-Bribery

22.1 The Supplier shall, and shall procure that its agents, directors, employees, officers and sub-contractors shall, (a) not engage in any form of bribery, corruption, extortion or embezzlement, or other unlawful conduct; (b) comply with all Applicable Laws, regulations, codes and sanctions relating to anti-bribery and anti-corruption (“Anti-Bribery Laws”); and (c) have and maintain in place throughout the term of supply, adequate policies and procedures to ensure compliance with the Anti-Bribery Laws.

23. Anti-Slavery

23.1 The Supplier warrants, represents and undertakes that, (i) neither itself nor its agents, directors, employees, officers and subcontractors have been convicted of any offence involving any Applicable Laws, regulations, rules and codes making provision about slavery, servitude and forced or compulsory labour and about human trafficking including but not limited to the Modern Slavery Act 2015 (“Anti-Slavery Laws”); (ii) having made reasonable enquiries, so far as it is aware, neither itself nor its agents, directors, employees, officers and subcontractors have been or are the subject of any investigation, inquiry or enforcement proceedings by any governmental, administrative or regulatory body regarding any offence or alleged offence of or in connection with the Anti-Slavery Laws; and (iii) it will have, maintain and enforce throughout the Term its own policies and procedures to ensure compliance with its obligations under this clause 23.1 and the Anti-Slavery Laws.

24. Governing Law And Jurisdiction

24.1 Where the Supplier is based in the UK or the European Union, this Contract and any disputes or claims arising out of it shall be governed by, and construed in accordance with, the laws of England. All disputes or claims arising out of this Contract shall be subject to the exclusive jurisdiction of the English Courts.

24.2 Where the Supplier is based other than in the UK or the European Union, any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause and:

  • the number of arbitrators shall be one;
  • the seat, or legal place, of arbitration shall be London;
  • the language to be used in the arbitral proceedings shall be English; and
  • the governing law of the Contract shall be the substantive law of England and Wales.

25. Definitions And Interpretation

25.1 In this Contract, unless otherwise provided or the context otherwise requires, capitalised expressions shall have the meanings set out in the Contract Particulars.

25.2 If there is any conflict or ambiguity between the Contract Particulars and these terms and conditions, these terms and conditions shall prevail over the Contract Particulars.

25.3 “Applicable Laws” means all applicable laws, legislation, European regulations, statutes, statutory instruments, regulations, edicts, bye-laws or directions or guidance from government or governmental agencies which have the force of law whether local, national, international or otherwise existing from time to time;

"amfori BSCI Code of Conduct" means the amfori BSCI Code of Conduct version 1/2014 which can be accessed at https://www.amfori.org/sites/default/files/amfori%20BSCI%20COC%20UK_0.pdf;

“Superdrug Materials” means materials, equipment and tools, drawings, specifications, Intellectual Property Rights belonging to Superdrug and data supplied by Superdrug to the Supplier;

“Background Rights” means any Intellectual Property Rights owned by, or licensed from a third party to Superdrug or the Supplier (as applicable) that are or have been created independently of this Contract (whether prior to the Commencement Date or otherwise);

“Business Day” means any day (other than a Saturday or Sunday or a public holiday) when banks are open for normal business in England;

“Contract Year” means each consecutive 12 month period commencing on the Commencement Date and each anniversary of the Commencement Date;

“Confidential Information” means all information which is secret or otherwise not publicly available (in both cases either in its entirety or in part) including commercial, financial, marketing or technical information, know-how, trade secrets or business methods, or Personal Data (as defined under the Data Protection Act 2018), in all cases whether disclosed orally or in writing before or after the Commencement Date;

"Deliverables" means any outputs of the Services and any other designs, processes, drawings, documents, products and materials provided by the Supplier to the Customer whether or not specified in the Contract Particulars and any other documents, products and materials provided by the Supplier to Superdrug in relation to the Services;

“Intellectual Property Rights” means all intellectual property, including patents, utility models, trade and service marks, trade names, domain names, goodwill, right in designs, copyrights, moral rights, rights in databases, trade secrets, formulae, formulations, typographical rights and know-how, in all cases whether or not registered or registrable and including registrations and applications for registration of any of these and rights to apply for the same and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world;

“Losses” means losses, damages, liabilities (including any liability to taxation), lost sales, loss of profits, loss of revenue, claims, costs and expenses, including fines, penalties, legal and other professional fees and expenses;

“Personnel” means in respect of a party to this Agreement, that party’s employees, officers, agents, sub-contractors and/or authorised representatives;

“Purchase Order” means Superdrug’s written instruction to supply the Goods or Services, whether placed by EDI or other written communication;

“Regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006, as amended;

“Sub-Contractor” means a sub-contractor appointed by the Supplier for the performance of the provision of the Goods and/or Services or any part thereof;

“Subsequent Supplier” means any supplier providing goods and/or services similar to the Goods and/or Services to be provided by the Supplier after the Commencement Date;

“Termination Date” means the date on which the Supplier ceases to provide the Goods and/or Services (whether itself or via a Sub-Contractor), including on termination or expiry of the Contract.

Link to top of current page.
Link to display social media share links
Please wait...