Terms and Conditions
Superpharmacy Terms and Conditions
Last Updated: May 2019
Thank you for visiting Superpharmacy. Please take the time to read through the following conditions applicable to purchasing products through the website (www.superpharmacy.com.au, www.superpharmacy.co.nz, www.superpharmacy.com, www.superchemist.com.au, www.superchemist.co.nz, www.superchemist.com).
The terms and conditions govern your purchases through Superpharmacy (“Superpharmacy”, “us”, or “we”) and constitute the entire agreement between the contracting parties (‘Agreement’). By placing an order, creating an Account, or continuing to utilise the service, you agree to be bound by the Agreement as amended from time to time.
If you are uncertain about any of the terms of the Agreement, please contact Superpharmacy before the completion of any purchase.
REVIEW OF TERMS
The Agreement is subject to change from time to time without notice.
Your continued use of the site following the posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the site. For this reason, you should frequently review these terms and conditions and any other applicable Customer Policies, including their dates, to understand the Agreement that applies to your purchases through the site.
Occasionally there may be information on the site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Superpharmacy reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the site is inaccurate at any time without prior notice (including after you have submitted your order).
a) Certain areas and aspects of the site require the creation and registration of an Account.
b) By creating an Account, you agree to enter and be bound by the terms laid out within the ‘Agreement’, and also completely acknowledge and accept that your Account can be terminated at any time, without notice.
d) An Account can only be created with Superpharmacy by persons with the capacity to contract, and who are over the age of 18, unless they have the permission or consent of their parent or guardian.
e) An Account, including but not limited to purchase history, details, and Loyalty Points, is non-transferable. You may update, edit, or terminate your Account at any time through the site, or by notifying us. You may not have more than one active Account at a time, unless for the purpose of utilising a different delivery address from that of your original Account.
a) Where you have created an Account, you will be required to create a password for that Account. You alone are responsible for maintaining the confidentiality of your password and account information. You will also be held fully responsible for all conduct carried out on our site under the Account.
b) Superpharmacy is not liable for any loss of confidentiality or for any damages arising from your failure to comply with our security measures.
c) We request that you report to us any unauthorised use of your account as soon as possible.
d) We do not store a copy of your password anywhere on our system, and as such will be unable to provide your password should you forget it. In that case, you will have to organise a password reset in order to gain access to your Account again.
(3) MINIMUM & MAXIMUM ORDER AMOUNTS
a) Some products on our site are enforced by a maximum or minimum order quantity. You will be informed of this limit at different points across the site, or within a reasonable timeframe after you submit your order.
b) There is no minimum value required for an order to be fulfilled by us. Orders totalling less than $50.00 (excluding discount and offers) will incur a Standard Shipping Fee.
c) If we reasonably believe that you are placing multiple orders, whether under the same or different account/order details, for the purpose of attempted circumventing of order limits, we reserve the right to cancel and refund all such orders without providing notice to you.
d) Maximum and minimum order limits, and the products in which they are applied to can and will be changed at any time. We reserve the right to limits quantities at any point, regardless of the actual amount ordered.
a) Superpharmacy will only deliver products ordered through the site to a location where we provide delivery services.
b) You acknowledge that we may record the details of any identification provided in relation to the delivery of Products.
c) You may receive multiple shipments for your Order, and whilst we will do our best to notify you in that event, we are under no obligation to inform you of that fact before dispatch.
e) We reserve the right to use any applicable delivery service to complete the delivery, including but not limited to, Auspost, Startrack or our own courier service. Whilst you can request a specific service to be used, we are under no obligation to use the requested service.
f) You may request that the parcel be left at the location without a signature, also referred to as providing Authority to Leave (ATL).
g) By providing ATL, you are understanding that you are submitting a request for the delivery driver. As such we are unable to guarantee that the request will be followed accordingly or to the specification listed in the “Comments / Instructions” field within the Checkout.
h) We are not liable for any outcome due to the decisions of the driver made in following, or attempting to follow, that request.
i) You understand that at the point an item has been left at the delivery location, and has been marked as delivered, it is no longer the responsibility of Superpharmacy and any loss or damage incurred after this event is at the customer's burden.
j) All orders that contain any item/s that require refrigeration are handled with appropriate storage and shipping procedures by Superpharmacy. By proceeding with your online order, you accept and claim responsibility for the proper storage and handling of the product/s once delivery has been made. You also acknowledge that in order to meet these appropriate standards, your order may be delayed.
(5) PRODUCTS & ORDERS
a) While we make every effort to ensure that the information contained within this website is correct, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, colours, ingredients, information or other content available on or via the site is accurate, complete, reliable, current, available or error-free. We take no responsibility for any loss or damage arising from the use of information or reliance on advice.
b) While Superpharmacy has tried to accurately display the colours of products, the actual colours you see will depend on your device, ambient lighting and other factors beyond our reasonable control, and may not accurately reflect the colour of the product.
c) Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Superpharmacy.
d) We reserve the right to accept or reject your order for any reason, including if the product requested is not available, if there is an error in the price or the product description posted on the site or an error in your order.
e) Superpharmacy also reserves the right to refuse or reduce the quantity of any orders that it reasonably believes are for the purposes of resale or otherwise may result in a violation of these terms and conditions, as determined at our sole discretion.
f) As part of Superpharmacy’s order processing procedures, we will screen all received orders for fraud or other types of unauthorised or illegal activity. Without limiting the above, Superpharmacy reserves the right to refuse to process an order due to suspected fraud or unauthorised or illegal activity.
g) If fraud or unauthorised or illegal activity is suspected, Superpharmacy may reject your order or its customer service department may call you at the phone number you provided (or use your email address) to confirm your order. The agent of Superpharmacy may also request photo evidence of the cards used, alongside photo ID. Failure to provide those at the time of the request is grounds for order cancellation.
h) Superpharmacy also reserves the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorised or illegal activity.
We take these measures to protect our customers as well as ourselves from fraud or other unauthorised or illegal activity.
i) Each order placed for products through the site that we accept results in a separate binding agreement between you and us for the supply of those products until the conclusion of the transaction, or the agreement is terminated by us. For each order accepted by us, we will supply the products in that order to you in accordance with these terms and conditions.
j) If we reject an order placed through the site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
(6) FRIDGE ITEMS
The following applies to all items that require specific temperature control to maintain efficacy and products standards:
a) Items will not be shipped towards the end of the week, in order to avoid increased transit times due to the weekend. Where we can ship an item that we reasonably believe will arrive before the weekend, we will do so.
b) Fridge items will be sent with an Express courier at our own cost, in order to ensure the shortest amount of transit time.
c) Fridge items may be sent separately from non-refrigerated products.
d) Where the order contains other products that do not require the cold chain procedure & qualify for standard shipping, only the fridge item will be sent as Express.
(7) BULK ORDERS
We reserve the right to classify orders after placement within our site as “Bulk Orders”. Bulk Orders have the potential to include extra shipping and handling charges, and also longer processing times.
In the event that an order is classified as a “Bulk Order” by us, we are not to be held to standard delivery or fulfilment timeframes and have the right to refuse supply of the requested quantities.
We make no guarantee of delivery or fulfilment timeframes and will communicate to you the length of the fulfilment process to the best of our ability.
We reserve the right at any time to terminate the Bulk Order fulfilment process.
An order may be classified by us as a “Bulk Order” in the, but not limited to, following circumstances:
a) The Order contains a request for products that exceed normal retail quantities;
- The Order contains products that exceed a standard weight range;
- The Order contains products that exceed standard cubic volume range.
- Multiple orders placed during any 7 day period, that in combined volume, meet or exceed the Bulk Order criteria.
We are not required to inform you should your order be classified as a “Bulk Order”, yet will notify you should we require further handling or shipping charges to be paid for the shipment, before the order can be dispatched.
There is no Bulk Order flat rate shipping or handling fee. Bulk Orders may be subject to an extra cost at a variable rate to be determined on an order by order basis at the discretion of Superpharmacy
It is not possible to split shipments to circumvent the Bulk Order process, and attempts to do so will be subject to our order handling at our discretion.
(8) ADVICE AND INFORMATION
a) The advice and information contained within or provided through this site is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions.
b) The statements made about and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease.
c) Use of the site is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns, and decisions regarding the possible treatment of any medical condition.
(9) PRICES & PAYMENT
a) All prices listed on the site are in Australian dollars and are inclusive of any Australian Goods and Services Tax (as applicable).
b) The prices indicated may be changed at any time without advance notice. However, the products shall be charged at the rate in force when the customer’s order was validated.
c) Where the customer pays by payment card, the customer warrants that they have the necessary rights to use the payment card and that they are fully authorised to use it to pay for the order. The customer also warrants that this card gives access to sufficient funds corresponding to the amount of the order. Failing this, Superpharmacy reserves the right to cancel the sale according. Superpharmacy is under no obligation to ship any goods ordered until payment for those goods has been received.
d) A promotional price is an increased discount that will run for a certain time (Promotional Period). As soon as that promotional period has ended the promotional price is no longer valid. We will not price match to a promotional price that is invalid, and will not assume any responsibility for honouring that price after the promotional period has ended. We will also not refund any difference in price between an invalid promotional price and an item that is purchased outside of the promotional period.
(10) USE OF PRODUCTS
a) Upon purchase of goods, the buyer agrees to use the products only for their intended purpose. Any other use will cause the buyer to assume full responsibility for any loss or damage arising out of their use.
b) By purchasing the products on our site, you agree to read and follow all directions and cautions listed as product information, both on the site, and on the packaging.
(11) RESTRICTED PRODUCTS
All orders that we accept for Prescription and Schedule Medicine Products are processed and distributed by us and are supplied from our registered premises as set out in the applicable Poisons Schedule.
a) acknowledge that it is against the law to supply scheduled medicines to, another person other than in the course of treatment so authorised by applicable Federal and State legislation;
b) warrant that you are not obtaining scheduled medicines on behalf of another person other than as an authorised agent, family member, or guardian for persons under the age of 18 years.
(12) WE WILL NOT DELIVER
a) Scheduled Medicine Products to a person who is intoxicated or not of the appropriate legal age
b) Products to an individual that is not able to contract
c) Controlled Drugs (Schedule 8 Medications) through a third party courier
d) Prescription products without first having received the original and valid prescription at Superpharmacy premises
e) Prescription products to an individual who is not authorised to receive the products.
f) Products which we believe have been purchased through fraudulent means.
(13) SITE RESTRICTIONS
You must not, or instruct any individual to, do any of the following:
a) use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
b) use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
c) make fraudulent or speculative enquiries, purchases or requests through the Site;
d) use another person’s details without their permission or impersonate another person when using the Site;
e) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
f) tamper with or hinder the operation of the Site;
g) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
h) use any robot, spider, site search and retrieval application or other mechanisms to retrieve or index any portion of the Site;
i) modify, adapt, translate or reverse engineer any portion of the Site;
j) remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
k) reformat or frame any portion of the web pages that are part of the Site;
l) create accounts by automated means or under false or fraudulent intentions;
m) use the Site to violate the security of any computer or other network or engage in illegal conduct;
n) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
o) use the Site other than in accordance with these terms and conditions; or
p) attempt any of the above acts or engage or permit another person to do any of the above acts.
(14) INTELLECTUAL PROPERTY
All content on this site, including without limitation, text, icons and graphics are the property of Superpharmacy or its suppliers and are protected by Australian and International intellectual property laws. No part or portion of this site may be copied, sold or used in any manner for any commercial purpose without written consent. Nothing in these terms and conditions constitutes a transfer of any intellectual property rights.
a) Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
b) Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or Superpharmacy’s liabilities under those provisions:
c) You acknowledge that the site is provided "as is" and that we do not make any warranty or representation as to the suitability of the site or a product for any purpose;
- we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site or the subject matter of this agreement;
- we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realize expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or willful misconduct.
d) Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the total value of the goods relating to the loss or damage, unless this damage is caused or contributed to by yourself, where it will then be reduced to the extent (if any) of that damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
a) We reserve the right to terminate your account at any point in time, at our own discretion.
b) You may decide to stop using the site at any time and for any reason
c) We may stop making the site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this action, unless the products that have been ordered are no longer available or we are prevented from supplying the products, in which case, we will notify you and we will refund to you all valid payments received by us for those products.