Terms and Conditions

PHARMASITE SOLUTIONS LIMITED: WEBSITE TERMS

Last updated: 31/10/2023

PART A: GENERAL TERMS AND CONDITIONS  

1. Application of these Terms
   1. This website is operated by PHARMASITE SOLUTIONS LIMITED (NZBN 9429051643645) (referred to as the Company, we, us and our).
   2. These terms of service (Terms) apply when you use our website, https://www.smithspharmacy.co.nz/, including all information, tools and services available on this website (together the Website).
   3. These Terms include our privacy policy which can be viewed by you at https://www.smithspharmacy.co.nz/policies/privacy (Privacy Policy).
   4. If you purchase products via the Website, the additional product purchase terms in Part B of these Terms (Product Purchase Terms) apply to your purchase of such products.
   5. We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.
2. Access to the Website
   1. These Terms apply to all users of the Website.  You agree to be bound by these Terms, which form a binding agreement between you and us.  You confirm that you have the authority to act on behalf of any entity for whom you are accessing the Website.
   2. If you don’t agree to these Terms, you must refrain from using the Website.
3. Your Obligations
   1. You must not:
      1. copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our express written consent;
      2. use the Website for any purpose other than the purposes of obtaining information about us and/or our products;
      3. use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
      4. not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us;
      5. use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
      6. use the Website with the assistance of any automated scripting tool or software;
      7. act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website; and
      8. attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
         1. gaining unauthorised access to Website accounts or data;
         2. scanning, probing or testing the Website for security vulnerabilities;
         3. overloading, flooding, mail-bombing, crashing or submitting a virus to the Website; or
         4. instigate or participate in a denial-of-service attack against the Website.
4. Accounts
   1. If you open an account on this Website, you are responsible for:
      1. all activities which occur under your account.
      2. keeping the username and password to your account confidential; and
      3. providing us with accurate and complete information;
      4. We have the right to disable any username or password, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
      5. You must notify us immediately if you know or suspect any unauthorised access of your account by sending an email to shop@smithspharmacy.co.nz.
5. Information on the Website
   1. While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
      1. any information provided through the Website is accurate or up to date.
      2. information you receive or supply through the Website will be secure or confidential; or
      3. messages sent through the Website will be delivered promptly, or delivered at all;
      4. the Website will be accessible at all times;
      5. the Website will be free from errors or defects;
   2. Without limiting the above, you acknowledge and agree that the information provided on this Website is general information only, and does not constitute (and is not intended to constitute) medical or health advice and should not be relied on as a substitute for consultation with a qualified healthcare professional who understands your individual needs.
   3. We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions and other Website Content.  We undertake no obligation to update, amend or clarify information on the Website, except as required by law.
6. Intellectual Property
   1. The Website and all materials on the Website (which may include text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) contain intellectual property owned by us, including trademarks, copyrights, proprietary information and other intellectual property.
   2. The trademarks, service marks, designs, and logos (the Trademarks) displayed on the site are the registered and unregistered Trademarks of the Company and its licensors.
   3. You may access and view all or part of the Website for the sole purpose of viewing the Website Content to obtain information about us and/or our products and, if applicable, to purchase products via the Website.
7. Third-Party Links
   1. The Website may contain links to other third-party websites that are not our responsibility.  We have no control over the content of the linked websites and we are not responsible for it.
   2. Inclusion of any linked third-party website on the Website does not imply our approval or endorsement of the linked website.
8. Comments and Feedback
   1. If, you send us any comment, feedback, submission, creative idea, suggestion, proposal, plan, or other material, by any means (Comment), you agree that we:
      1. may use any Comment for any purpose, without restriction; and
      2. are and shall be under no obligation to:
         1. maintain any Comment in confidence;
         2. pay compensation for any Comment; or
         3. respond to any Comment.
9. Limitation of Liability
   1. The Website and all Website Content is provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied. However, this clause does not limit any warranties provided to you in the Product Purchase Terms (or under any applicable consumer law, such as the Consumer Guarantees Act 1993) in respect of products you have purchased via the Website.
      1. To the maximum extent permitted by law:
         1. your access and use of the Website and all Website Content is at your own risk; and
         2. under no circumstances shall we be liable to you for any loss, liability, cost or damage (whether direct, indirect, special consequential or punitive) suffered or incurred by you on account of your use of (or inability to access or use), or reliance on, the Website or the Website Content (including any loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference).
      2. This clause 9 does not limit any remedies provided to you in the Product Purchase Terms (or under any applicable consumer law, such as the Consumer Guarantees Act 1993) in respect of products you have purchased via the Website.
      3. You agree to indemnify us for any loss or liability arising out of your unauthorised use of this Website or Website Content.
10. General
    1. Your personal information is processed by us in accordance with our Privacy Policy. You must comply with all applicable privacy laws in connection with your supply of any personal information to us via the Website.
    2. These Terms and the provision of the Website provided hereunder will be governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the New Zealand courts in respect of any disputes or claims arising out of or in connection with the Terms or the Website.
    3. Any delay, neglect, or forbearance on our part to enforce any term or condition of these Terms against you shall not be deemed to be a waiver or in any way prejudice our rights under these Terms.
    4. If any provision of these Terms is determined to be illegal, invalid or otherwise unenforceable, then to the extent, it shall be severed and deleted from these Terms and the remaining terms shall survive and continue to be binding and enforceable.
    5. These Terms constitute the entire agreement between you and us with respect to the access to and use of the Website and supersedes all prior or contemporaneous understandings regarding such subject matter.
11. Contact Us
    1. If you have any feedback or a complaint, or any written notice is required in accordance with these Terms, please contact us at shop@smithspharmacy.co.nz.

PART B: PRODUCT PURCHASE TERMS

1. Right to Refuse Sale

   1. We reserve the right (in our absolute discretion) to refuse to supply any medicine or product that we consider may constitute a health hazard or to supply what we consider to be excessive or unnecessary quantities, especially when a product is known to have abuse potential.

2. Shopping and Ordering

   1. To order, visit the product page for the product you want to order, and click on the “Add to Cart” button. Once you are ready to purchase, click on Checkout.
3. Payment Options
   1. We can process payments made by Visa, Mastercard, and Afterpay. Please note that processing fees may apply.
4. Order Status
   1. You will receive an e-mail once your order has shipped.
5. Shipping and Delivery
   1. Orders to most locations in New Zealand are shipped Mon-Fri and are expected to arrive within 2-3 business days. For deliveries to rural areas, please allow an additional 1-2 days for delivery. Please note that delivery timeframes are calculated from the date the order is picked up by the courier, not from the time the order was placed. Once the order has left our facility, we have no control over the delivery time. Delivery of Products is only available in New Zealand and only to a physical address. We cannot deliver to Post Office boxes.
   2. All orders will be sent via NZ Post.
   3. Our delivery timeframe of 1-2 working days for urban delivery and 1-3 working days for rural delivery is from the date that the order has been picked up by the courier, not from the time the order was placed. Once the order has left our premises, we have no control over the delivery time and will not be responsible for any delays in delivery.
   4. If for any reason we do not have a product in-stock you will be contacted as soon as possible to advise you of any delay in delivering the product.
6. Product Enquiries
   1. If you feel you need assistance with your product or just need a bit of advice, there are plenty of ways we can help. You can call us on 06 355 1905 or email us at shop@smithspharmacy.co.nz.
7. Returns and Exchanges
   1. To be eligible for a return or exchange, the purchase must have been made within the [last 14 days], the product unopened and in original condition and the product is eligible for return.
   2. You will need to contact us by email at shop@smithspharmacy.co.nz.
   3. You cannot return products that state they are non-returnable on the website unless it has been damaged during the delivery or the wrong product has been delivered.
   4. If you have changed your mind about a product, you may be eligible for an exchange or refund. However, return of your product to us is at your own cost. Please contact us to discuss your options.
   5. If you would like to exchange your item, please get in contact with us and we will confirm if the alternative item is available or not. If you have ordered the wrong product, contact us and we will see what we can do.
   6. Some products will state that they cannot be returned, please be aware of these items.
8. Damaged, Lost or Defective Products
   1. If you suspect your product has been damaged during delivery, please do not throw away the parcel or cover in which the product came as. Do not sign for the parcel from the courier company. Please contact us by phone or email within 48 hours of the goods arriving and we will organise the return of the product for inspection and will endeavour to send you a replacement as soon as possible.
   2. You must return a damaged or defective to us within 10 days.
   3. You must notify us of any lost or incomplete deliveries within 10 days so that we can inspect the products or lay claim against the carrier. Failure to do so will result in the claim being declined.
   4. Subject to our obligations under applicable consumer law, we reserve the right to decide in whether we will accept the return of any products for credit, repair, or replacement. We will not accept return of any product that has been tampered with, where the damage has resulted from misuse or incorrect storage by the Customer or where the product is expressly sold on a no-returns basis. Where returned product is not accepted, ir will be returned to you at your own cost. Receipt by us of returned products does not constitute acceptance for any purposes.
9. Consumer Laws
   1. We will meet our obligations under all relevant consumer protection laws (including the Consumer Guarantees Act 1993) and any product which is faulty, damaged, or expired can be returned at any time for a full refund, including the cost of shipping.
   2. Where a product is eligible for a refund, we will endeavour to refund you within 7 working days.