Terms of Website Use
1.0 These terms and conditions govern supply of goods from Hasan Pharmacy Limited trading as “Northcare Pharmacy”, “us”, “we”, “our”. These terms shall prevail over any terms submitted by you. Hasan Pharmacy Limited owns this website and, unless otherwise indicated, owns or is licensed to use all content and other material appearing on this website. The material on this website is protected by copyright under the laws of New Zealand and may not be used without our written permission. No trade mark (whether registered or not) that is displayed on this website may be used in any way
without our prior written permission or of the relevant trade mark owner.
2.1 To make a pruchase from our website you must be 18 years of age of over. Purchases from our website may only be made by persons who are acquiring good for their own private use or consumption, and you must not acquire goods from us via this website for resupply (whether in trade or otherwise). If you are purchasing on behalf of another entity such as a company you warrant you have authorisation to agree to these terms and conditions on behalf of the entity.
2.2 Contract formation for the supply of goods: This website and the information on it constitute an invitation to treat and not an offer to supply goods. When you order goods from us, this constitutes an offer from you to buy those goods in accordance with these terms of trade. Only when we have accepted your order by notifying you in accordance with clause 2.3 shall a contract be formed between you and us.
2.2 Supply of goods: You may order goods from us by completing and submitting the order form on this website. You must provide all required information (including your name, physical address, and your credit card details (if paying by credit card)) otherwise, we might not be able to process your order.
2.3 Our discretion in rejecting or accepting orders: No order shall be deemed accepted by us until we have sent you an order confirmation. No order will be dispatched until our receipt of cleared payment from you. We reserve the exclusive right to accept or reject for any reason whatsoever and in whole or in part, including without limitation, unavailability of product, an error in the price, image or the product description any order submitted by you. If we reject your order (or part of your order), any money paid by you in relation to the rejected part of that order shall be refunded and we shall have no further liability to you in relation to the rejected part of that order.
3.1 Prices for goods: The price payable for goods ordered by you shall be the price quoted on this website at the time your order is submitted, together with any applicable delivery charges (which are payable in addition to the price of the goods). We may vary any prices on this website at any time and without notice to you.
3.2 Currency: The prices for all goods are payable in New Zealand dollars (NZD).
4.1 You must pay for your products purchased on this website at the time of placing an order. We accept payment by internet banking for. You acknowledge that all orders are subject to our receipt of cleared payment from you in our bank account.
4.2 Problems with payments: If there is a problem with your payment for goods. (for example, if your credit card transaction is declined or if your account is unable to be directly debited pursuant to a direct debit arrangement you have authorised with us), we may contact you to make alternative payment arrangements.
5.0 Availability and Cancellation
5.1 Availability of goods: Hasan Pharmacy Limited uses its best endeavours to ensure products ordered are available for delivery, and in most cases will notify you where a product is unavailable prior to you completing your order. However you acknowledge that in some cases this is not possible and we may need to reject an order you have placed for a product where we establish that the item you have ordered is actually unavailable for delivery. In such cases we will refund in full all amounts you paid in respect of such unavailable product. We cannot provide rainchecks for products ordered online, and where permitted by law reserve the right to limit the sale of products to reasonable or normal household quantities.
5.2 Cancellation of orders for goods:
a) Where goods are listed on this website with an incorrect price or with incorrect information, we reserve the right to cancel your order (regardless of whether you have made payment for that order). Where you have already made payment for an order that is subsequently cancelled by us, we will refund the amount paid by you in relation to that order.
b) We may cancel your order any time prior to our order confirmation. Once we have confirmed your order, you are not able to cancel that order.
6.0 Delivery of goods
6.1 Post Office Box and Private Bag addresses: We do not deliver to Post Office Box or Private Bag addresses.
6.2 Delivery costs: Delivery costs are usually included in the price of the goods.
Should delivery costs be added to the cost of the order, these will be calculated based on the number of items ordered, and their weight and destination or size. Delivery costs are added to the total good cost and are determined by the goods ordered and the delivery method selected during ordering.
6.3 Loss or damage in transit: You must investigate the packaging of any good delivered to you to check for any damage before accepting the delivery (for example, by signing for the delivery from the courier). We do not accept any liability for loss or damage in transit that exceeds the value of the goods applying to that delivery. You must make all claims for loss or damage during transit to the carrier no later than 7 days after the delivery date (and you must notify us of any such claims). Where you believe that there is a shortage in the quantity of goods delivered, you must notify us of any such claim
within 7 days of delivery and you must provide us with a reasonable opportunity to investigate that claim.
7.0 Ownership and risk
7.1 Ownership: We retain ownership of and title in the goods we supply to you until we have received the full price for the goods and the applicable delivery charges.
7.2 Risk: Once your order has been delivered to you, you assume full responsibility for and risk in the goods.
8.0 Refunds and Returns
8.1 Returns: You may, within 10 days of your order being delivered to you, return any good delivered under that order which is damaged or defective at the time of delivery or which is not the good you ordered. We will provide a replacement good, credit, or in the event that a replacement good is not available, a refund for that good upon receipt of the returned goods, provided that they are returned in the original condition in which they were sent to you.
8.2 Return requirements: When returning a good, you must:
a) contact us via email at email@example.com immediately upon discovering that the good has been damaged;
b) return the good in its original condition and packaging, addressing it to the address that we notify to you once we have received your email; and
c) if the same good is unavailable we will contact you to inform you of this as soon as possible and, if so, you may need to provide us with your credit card or bank account details so that we can process your refund.
8.3 Responsibility for returned goods: Returned goods are your responsibility until they reach us. We shall not be responsible for misdirected shipments or goods lost or damaged in transit.
8.4 Shipping fees for returns: You are not entitled to any refund for shipping fees in relation to goods that you have returned. Delivery costs for re-shipping goods to you shall apply.
8.5 Returns due to ‘change of mind’ and exchanges: You may not return any good because you have changed your mind about that good. Exchanges are not permitted.
9.0 Warranties and liability
a) To the maximum extent permitted by law, we disclaim all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any good or any information supplied to you by us including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose. If you are acquiring goods from us for the purposes of a business, then the guarantees and remedies provided under the Consumer Guarantees Act 1993 shall not apply to the supply of those goods.
b) Although we have endeavoured to ensure that the goods and pricing information for goods provided on this website is accurate, complete, and current, we do not provide any representations or warranties as to its accuracy, completeness or currency of information, and to the maximum extent permitted by law we shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website.
9.2 Limitation for goods: In respect of the supply of goods to you, to the maximum extent permitted by law, our liability to you (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a good supplied to you by us shall be limited to the price paid by you for that good.
9.3 Exclusion: To the maximum extent permitted by law, we will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which you may directly or indirectly suffer in connection with your access to, use of, or reliance upon, any good or any information supplied to you by us, or in connection with any services performed by us for you.
10.1 Changes to these terms of trade: We reserve the right to change these terms of trade from time to time by publishing the changed terms on our website. When revised terms of trade are published on this website, all orders submitted by you and any services performed by us for you after the revised terms of trade are published shall be subject to the revised terms of trade.
10.2 Severability: If any provision of these terms of trade is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.
10.3 Force majeure: We shall not be liable to you for any delay or nonperformance of our obligations to the extent that such delay or nonperformance is caused by an event or circumstance which is outside our reasonable control.
10.4 Governing law: These terms of trade (and any contracts to which these terms of trade apply) shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these terms of trade (and any contracts to which these terms of trade apply). 10.5 Electronic Transactions Act: You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002.
10.6 Applicable laws:
a) This website is controlled and operated by us, from offices within New Zealand. Details contained on this website relating to the goods and the sale of the goods through this website have been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations or warranties as to whether or not the information or goods available from this website are appropriate or available for use in other countries. If you choose to access this website from outside New Zealand you are responsible for compliance with applicable local law.
b) If goods available on this website do not satisfy the laws of your jurisdiction, you must not order any goods through this website.
10.7 Intellectual Property: Further to clause 1.0, the materials contained on this website are protected under copyright and other laws of New Zealand, and under international conventions and similar laws abroad. Unless otherwise stated, copyright and other intellectual property rights in all material published on the website, including the textual material, artwork, photographs, computer software, audio and visual elements shall belong to us or our suppliers or licensors, as the case may be. The software which operates the website is proprietary software and you are not permitted to use it except as expressly allowed under these terms of trade. Any other use or purported licensing, modification, enhancement or interference is strictly prohibited.
10.8 Security: We cannot guarantee any data or program available for download
on this website (or any linked website) is free of viruses or other spyware, and you agree that you assume the risk of any damage to your computer as a result of using this website.
11.1 Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date and you no longer wish to receive these communications, you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.
Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to you order(s).
11.2 We may use personal information that we collect about you to provide products to you and to administer orders and payments relating to your purchases from us.
11.3 You will need to permit us to place data file (“cookies”) on your computer to enable you to use some of the features of our websites. Where you choose not to enable cookies from our website, some functionality of those Website may not be available to you.
11.4 We may disclose your personal information as required by law. Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security as that is beyond our control. You can request details of your personal information that we hold, and ask us to correct, at any time.