These terms and conditions (Store Terms) govern the relationship between you and Dartnells Pharmacy (ABN 78 128 343 520) (we,us, our) in relation to your access to and use of the online store on our website at dartnellspharmacy.com.au. By registering your account on the Website and clicking 'I agree', you agree to be bound by and abide by these Store Terms.
1. THE SERVICES
1.1 Online store
The service (Service) comprises the online store facility on our Website, through which you can purchase (each, an Order) certain goods (Products). Subject to you complying with these Store Terms, we will provide the Service to you as set out in these Store Terms.
1.2 Use of the Service
In addition to these Store Terms, your use of the Service is subject to:
(a) our Website Terms and Conditions; and
2.1 Information on the Website
(a) All of the information set out on our Website (Information), including information relating to Products, medical and health conditions and treatments, is provided for general information purposes only.
(b) The Information is not medical advice, nor is it a substitute for medical advice, diagnosis or treatment. It should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. You must always seek advice from your doctor or an appropriately qualified health practitioner:
(i) before starting any medical treatment, continuing with medical treatment or discontinuing medical treatment; and
(ii) with any questions you may have regarding any medical condition.
You must never disregard medical advice, nor delay in seeking it, because of Information you have read on the Website. It is always your responsibility to seek proper medical advice as to the suitability (or otherwise) of any Product having regard to your individual circumstances.
(c) We make no warranty about the accuracy, suitability, completeness, reliability or timeliness of the Information. You must not rely on the Information, including when deciding whether to seek treatment for an actual or perceived medical or health matter. You are solely responsible for the consequences of your use of any Information or Product, including any decision to act or not act on the basis of the Information.
(d) The Service may be accessed from outside Australia. We make no representation that the Information or Service complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Service from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.
Our Products are prepared by us, and as a consequence, batches of a Product may differ slightly from one another.
2.3 Product storage and expiry
Our Products may include fresh ingredients, active ingredients with a limited shelf life, and ingredients that can be rendered inactive or less active in certain circumstances. Where an expiry date is listed on a Product, or a Product includes directions for its safe storage and handling, you must not use the Product after the expiry date and you must store and handle the Product in accordance with the applicable directions. We will have no liability for any use of a Product after its expiry date, or use other than in accordance with any storage and handling directions. While the quality of most of our Products will not be affected by the delivery process, we cannot be responsible for any failure by our carrier to store or handle a Product in accordance with the applicable directions during the delivery process. If you have any questions or concerns about the effect of delivery on a Product, please contact us prior to placing your Order.
2.4 Product availability
Products displayed on the Website constitute an invitation to treat. No Information on the Website constitutes, nor should be deemed as, an offer by us to supply any Products. If you wish to enquire about a Product which is not currently in stock, please contact us prior to placing your Order. We are not obliged to supply any Product and we are not liable if a Product is not in stock or is unavailable.
3.1 Offer to purchase
By placing an Order, you offer to purchase each Product in your shopping cart at the price set out on the Website and in accordance with these Store Terms. Your offer is only accepted when you receive an email from us confirming that we have shipped your Order.
3.2 Email confirmation
Your receipt of an electronic or other form of Order confirmation does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of an Order, for any reason and without prior notice to you, to accept or decline your Order.
3.3 Shipment of Orders
(a) We will ship most Orders within three business days (Monday to Friday).
(b) We will notify you using the email address provided in your Account when your Order has been shipped, or if there are any delays in shipping any Products in your Order.
4. PRICING AND PAYMENT
(a) We may change our pricing at any time, without notice to you. All prices listed on the Website are in Australian Dollars and are inclusive of all applicable taxes including GST.
(b) If there is an error in the price shown for a product on the Website, we may cancel any Orders placed for that product listed at the incorrect price, whether or not the Order has been confirmed. If your credit card has been charged for the purchase before your Order is cancelled we will immediately credit your credit card in the amount of the incorrect price.
We accept MasterCard, Visa, Paypal. If payment is not received from your card issuer or its agents for any reason, we may cancel your Order.
(a) Words or expressions used in this paragraph 4.3which are defined in the A New Tax System (Goods and Services Tax) Act 1999(Cth) have the same meaning in this paragraph.
(b) Any consideration payable or to be provided for a supply made under or in connection with these Store Terms, unless specifically described in these Store Terms as being inclusive of GST, does not include any amount on account of GST. If GST is payable on any supply made under or in connection with these Store Terms (not being a supply the consideration for which is specifically described in these Store Terms as being inclusive of GST), the recipient of the supply must pay to the supplier, an additional amount equal to the GST payable on the supply provided that the supplier gives the recipient a tax invoice for the supply.
(c) If a payment to a party under these Store Terms is a reimbursement or indemnification, calculated by reference to a loss, cost or expense incurred by that party, then the payment will be reduced by the amount of any input tax credit to which that party, or the representative member of the GST group that party is a member of (as the case may be), is entitled for that loss, cost or expense.
5. CANCELLATIONS AND RETURNS
Once an Order has been accepted by us, you cannot cancel that Order.
5.2 Incorrect Orders
Where you have received a Product in error (for example, you have received a Product that was not in your Order) please return the Product to us within 10 Business days following the date of receipt, in its original form and packaging. We will refund the postage costs to you if the Product was sent to you in error.
5.3 Consumer guarantees
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010(Cth)). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You must pay the postage costs for any Products that you wish to return (for a replacement or refund) pursuant to this paragraph 5.3.
5.4 Other circumstances
We do not accept returns of Products in any circumstances other than those set out in paragraphs 5.2and 5.3(or as otherwise required under the Australian Consumer Law).
6. YOUR OBLIGATIONS
6.1 Your Account
(a) Before you can place an Order you must register an Account with us. Your Account must contain:
(i) an Account username and password;
(ii) your delivery address and billing information; and
(iii) any other information reasonably required by us in relation to your Account.
(b) We may accept or reject any application to register an Account.
(c) You are responsible for any activity that occurs under or through your Account and you must maintain the confidentiality of your Account username and password. You must notify us immediately of any actual or suspected unauthorised use of your Account or breach of your Account security.
(d) You represent and warrant that all information provided under your Account is complete and accurate. If there is a change to any information relating to your Account, you must update your Account or notify us as soon as possible. If we suspect that any information provided by you is incomplete or inaccurate, we may suspend or terminate your Account and cancel any Order without notice to you.
(e) We are not liable for any loss or damage arising from or in connection with your failure to comply with the requirements in this paragraph 6.1.
6.2 Prohibited acts
You must not access or use the Service or the Website:
(a) in a way that violates these Store Terms;
(b) for unlawful or dangerous activities or purposes;
(c) in a way that is fraudulent, inaccurate, false, misleading or deceptive;
(d) in a way that violates any applicable law (including, without limitation, applicable privacy laws); or
(e) in a way that infringes the rights (including the Intellectual Property Rights, as defined in paragraph 7.1below) of any other person.
7. INFORMATION PROTECTION
7.1 Meaning of Intellectual Property
In these Store Terms, Intellectual Property Rights means all intellectual property rights, including the following rights:
(a) patents, copyright, designs, trade and service marks (including goodwill in those marks), domain names and trade names and any right to have confidential information kept confidential;
(b) any application or right to apply for registration of any of the rights referred to in paragraph (a); and
(c) all rights of a similar nature to any of the rights in paragraphs (a) and (b) that may subsist anywhere in the world (including Australia),
whether or not such rights are registered or capable of being registered
(a) As between you and us, all rights, title and interest (including Intellectual Property Rights) in the Service and the Website are owned by us (and our third party licensors).
(b) Unless expressly stated otherwise, we own all Intellectual Property Rights in the Products.
While we use reasonable endeavours to ensure the Website, and any transactions conducted through the Service, are secure, you acknowledge that the security of information and payments transmitted through the internet can never be entirely secure or error free. We are not liable for any loss or damage suffered by you or anyone else due to a failure, delay, interception or manipulation of an electronic communication caused by a third party.
8. LIABILITY AND INDEMNITY
8.1 Consumer rights and remedies
To the extent that you acquire goods or services from us as a 'consumer' (as that term is defined in section 3 of the Competition and Consumer Act 2010(Cth)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement.
8.2 Non-excludable Obligations
Nothing in these Store Terms operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under the Australian Consumer Law or any other statute, the exclusion, restriction or modification of which would:
(a) contravene that statute; or
(b) cause any term of these Store Terms to be void,
Except in relation to Non-excludable Obligations:
(a)all conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are expressly excluded under these Store Terms;
(b)we make no representations or warranties, and expressly disclaim all warranties, either express or implied, in relation to the Products, including merchantability and fitness for a particular purpose;
(c) subject to paragraph 7.3we make no representations, warranties or guarantees in relation to the availability, continuity, reliability, accuracy, currency or security of the Website or the Service, and we are not liable to you if the Service or the Website is unavailable for any reason.
8.4 Exclusion and limitation of liability
Except in relation to Non-excludable Obligations, our liability to you arising directly or indirectly under or in connection with these Store Terms or the performance or non-performance of these Store Terms and whether arising under any indemnity, statute, in tort (for negligence or otherwise), or on any other basis in law or equity is limited as follows:
(a) we will have no liability whatsoever to you for any loss of profits, loss of revenue, loss of goodwill, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract or any economic, special, indirect or consequential loss, harm, damage, cost or expense (including legal fees) incurred by you or anyone else under or in connection with this Website or the provision of the Service or any Product; and
(b) our total aggregate liability to you under or in connection with this Website or the provision of the Service or any Product is otherwise limited to an amount not exceeding the total amounts paid by you for the Order in respect of which the applicable liability, loss, harm, damage, cost or expense arose.
You indemnify us against any liability, loss, harm, damage, cost or expense we may suffer or incur (including as a consequence of any claim made by a third party, and including legal costs and expenses on a full indemnity basis) arising from or in connection with your breach of these Store Terms or the terms and policies it incorporates by reference, or your violation of any law or the rights of any third party.
9.1 Changes to Store Terms
(a) We reserve the right to revise and amend these terms in our discretion, as follows:
(i) if we consider that the change is likely to benefit you or have a neutral or minor detrimental impact on you, it may make any changes immediately without notifying you except by publishing the amended terms (as applicable) on the Website;
(ii) if we consider that the change is likely to have a significant detrimental impact on you, it will make the change after it has notified you of the change (solely by using the email address you have provided) and will display a notice on the Website describing the change.
(b) Your continued use of the Website and/or Service after an amendment will mean that you agree to that amendment. You must stop using the Website and the Service if you do not agree to an amendment.
Any indemnity or any obligation of confidence under these Store Terms is independent of, and survives termination or expiry of, these Store Terms. Any other term by its nature intended to survive termination or expiry of these Store Terms survives termination of these Store Terms.
If any part of these Store Terms is held to be invalid, illegal, or unenforceable, that part will be severed and the remaining parts of these Store Terms will continue in force.
A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
These Store Terms do not create a relationship of employment, trust, agency or partnership between us.
9.6 Governing law and jurisdiction
These Store Terms are governed by the law of the State of Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.
9.7 Entire agreement