Terms and Conditions of Sale

JOHNSONVILLE MEDICAL CENTRE PHARMACY: WEBSITE TERMS

Last updated: 6th July 2023

PART A: GENERAL TERMS AND CONDITIONS

1. Application of these Terms

   1. This website is operated by Johnsonville Medical Centre Pharmacy (2021) Limited (NZBN 9429048834421) (referred to as the Company, we, us and our).

   2. These terms of service (Terms) apply when you use our website, https://www.jmcpharmacy.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.jmcpharmacy.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. 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;
   2. 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.
   3. You must notify us immediately if you know or suspect any unauthorised access of your account by sending an email to team@jmcpharmacy.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. are and shall be under no obligation to:
      2. may use any Comment for any purpose, without restriction; and
         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, liability and reasonable costs that we incur 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 team@jmcpharmacy.co.nz

PART B: PRODUCT PURCHASE TERMS

1. Right to Refuse Sale

   1. We reserve the right (in our absolute discretion) to:

      1. refuse to supply any medicine or product that we consider may constitute a health hazard;
      2. refuse to supply what we consider to be excessive or unnecessary quantities, especially when a product is known to have abuse potential;
      3. contact you to confirm the validity of delivery details supplied;
      4. perform security checks on any orders that raise a security alert based on purchase type or level;
      5. cancel and refund any order that appears to be fraudulent, suspicious or where we have reasonably held concerns regarding the legitimacy of the order;
      6. monitor and limit the purchase amounts of products, and change the quantity without prior notice (provide we refund any difference); and
      7. restrict sales to a non-commercial level.
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 credit and debit cards. Please note that processing fees may apply. We reserve the right to determine which credit card providers we accept.
4. Order Status
   1. You will receive an e-mail once your order has been processed.
5. Click-and-collect
   1. We do not offer delivery services.
      1. Once you have placed an order online, you will need to collect it from our premises in the Johnsonville Medical Centre at 2 Trafalgar Street, Johnsonville. Collection will be available at the following times (subject to public holidays):
         1. 11am - 8pm Monday to Wednesday;
         2. 11am - 6pm Thursday to Friday; and
         3. 10:30am - 12:30pm Saturday.
      2. You will need to allow a minimum of 1 hour between payment and collection so that the team can get your order ready.
6. Product Availabilty
   1. Products may be added to or removed from the Website from time to time, and products described on the Website may not be available. While we do not accept liability for any loss arising from unavailability of products, every effort will be made to keep the information on our Website up to date and accurate. 
   2. If for any reason we do not have a product in stock, we will contact you as soon as possible to advise you of any delay in preparing the product for you to collect.
7. 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 04 920 8844 or email us at team@jmcpharmacy.co.nz.
8. Returns and Exchanges
   1. Subject to clause 9, returns and exchanges will ultimately be at our discretion.  To be eligible for a return or exchange:
      1. the product must have been eligible for return at the time of purchase (see clause 8.3).
      2. the product must be unopened and in original condition; and
      3. the purchase must have been made within the last 30 days;
   2. If you would like to discuss return or exchange, please either contact us by phone on 04 920 8844, or by email at team@jmcpharmacy.co.nz. If you are emailing us, please include the following details:
      1. Your order number;
      2. The details of the product; and
      3. The reason for your return or exchange request.
   3. You cannot return products that state they are non-returnable on the Website, unless the wrong product was provided.
9. Damaged or Defective Products
   1. If you suspect your product is damaged or defective, please contact us by phone or email within 48 hours of collecting the goods, and return the damaged or defective product to us within 10 days.
   2. Subject to our obligations under applicable consumer law, we reserve the right to decide 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.
10. Consumer Laws
    1. We will meet our obligations under all relevant consumer protection laws (including the Consumer Guarantees Act 1993).
    2. Where a product is eligible for a refund, we will endeavour to refund you within 7 working days of the date you notify us of the defect.
11. New Zealand Pricing and Orders
    1. All pricing displayed on the Website is:
       1. inclusive of GST unless otherwise stated.
       2. in New Zealand dollars; and