a1. General & Disclaimer
1.1. In these Terms & Conditions (“T&Cs”), “We”, “Us”, “Our”, “Apotheca” or “myapotheca.com” means Apotheca® (ABN 33 436 091 910), its subsidiaries and associates (unless otherwise stated).
1.2. This website, and our online store (our “Website”), is a channel for customers to place orders for products we have available for purchase.
1.3. We will not be liable if, for any reason, the Website is not available at any time, for any period of time. We reserve the right to limit or restrict access to certain functionality, webpages, or the entirety of the Website.
1.4. While the information contained in the Website is believed to be accurate and current, it is provided by Apotheca in good faith on an “as is” basis. Apotheca its directors, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on the Website, and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the Website.
1.5. You may have rights under Australian Consumer Law, and these T&C’s do not exclude any rights you have under Australian Consumer Law, or any applicable state/territory legislation.
1.6. To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the website.
2.1. The Apotheca website and online store (collectively, our “Website”) is owned and operated by Apotheca® (ABN 33 436 091 910).
2.2. Access and use of the Apotheca website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out herein (our “T&Cs”).You should read them thoroughly before using our website and online store, or any goods and services provided through our website (collectively, our “Services”). Your use of the Apotheca website constitutes your agreement to the T&Cs.
2.3. Apotheca reserves the right to amend the T&Cs at any time and without notice to you. Apotheca may change the T&Cs from time to time, and your continued use of the Apotheca Website after any amendment becomes effective constitutes an agreement by you to abide, and be bound by, the T&Cs, as so amended.
2.4. These Terms & Conditions shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of New South Wales, Australia.
3.1. The Products available on the Website are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts.
4. Orders, Pricing & Availability
4.1. Prices displayed within this Website are shown in Australian dollars (AUD) and include GST where applicable. Pricing on a product detail webpage may not include delivery charges (if applicable). Please read the Delivery Information contained within this website for more information regarding delivery charges.
4.2. Unless otherwise stated, product and accessories styled or shown in a product image are not included in the price.
4.3. Any Order placed by You in the manner described in this website is an offer to purchase a particular Product for the price (including the delivery and other charges and taxes) specified in this Website at the time you place your order on these Terms & Conditions.
4.4. Apotheca reserves the right to accept or reject your order for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order.
4.5. Prices of products and services, as well as delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability. All pricing on our website is available online only, and is not transferable in-store, or vice versa, on occasion where pricing differs between the two.
4.6. Prices displayed on this website are inclusive of GST applied at the rate of 10%. You are responsible for any taxes, duties or other liabilities imposed by any government agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any product or services acquired or ordered by you from this website.
5.1. Payment is required at the time of purchase and placement of your order. Payment is charged/debited at the end of the complete check-out process. You will not be charged prior to the final step, and can choose not to proceed at any time before payment is taken.
5.2. We accept payment via Visa, Mastercard. You must comply with the applicable T&Cs of these providers.
6. Fraud Protection
6.1. Apotheca carries out activity to protect you, and our interests, from fraudulent orders and payments. A representative from Apotheca may contact you directly as part of this protection process.
6.2. If Apotheca determines an order is potentially fraudulent, we will not dispatch goods until we are satisfied that cardholder identification has been achieved and our Fraud Protection Process has been completed.
6.3. If you believe you have been a victim of a fraud, please contact our Fraud Protection Officer in writing at firstname.lastname@example.org. Please ensure the subject line of your email is “ATTN: Fraud Protection Officer” so we can prioritise and escalate appropriately.
7. Exchanges & Refunds
7.1. Please read the Exchanges & Returns contained within this website for refund details. Our Exchanges & Returns Policy outlines the circumstances that a refund will be available to you.
8.1. Please read the Delivery Information contained within this website.
8.2. Delivery times are indicative only, and Apotheca will not be liable for any failure to observe these delivery times.
9. Risk and title
9.1. Apotheca will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by a postal or courier service.
9.2. You should consider whether you need to obtain any suitable insurance.
10. E-Newsletter Sign-Up
10.1. Subscribing to the Apotheca e-newsletter is not compulsory, and you can un-subscribe at any time.
10.2. We will never sell or share your information with third parties.
11. Online Account
11.1. Apotheca offers the ability for you to create a personal, Online Account. You can create your own account here.
11.2. You must provide true and factual information when creating an Online Account. You must keep your username and password confidential at all times. Apotheca is entitled to assume that anybody accessing your account using your confidential username and password is you.
11.3. Be aware that others may access your account and private information if you do not sign-out before ending your session with Apotheca. Be particularly cautious when using public computers or devices that do not automatically log you out when you exit your browser.
12. Limitation of liability
12.1. Apotheca will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if Apotheca has been advised of the possibility of such damages.
12.2. Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of Apotheca for any breach of such term, condition or warranty shall be limited, at the option of Apotheca to any one or more of the following:
If the breach relates to goods:
- 1. the replacement of the goods or supply of equivalent goods;
- 2. the repair of such goods;
- 3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- 4. the payment of the cost of having the goods repaired;
If the breach to relates to services:
- 1. the supplying of the services again; or
- 2. The payment of the cost of having the services supplied again.
14.1. All content displayed on this site, including (but not limited to): all text, graphics, logos, names and trademarks (collectively, “Our Content”) is the property of Apotheca, or the property of their respective owners, and are protected by copyright, trademark and other intellectual property laws.
14.2. Except as permitted by the Copyright Act 1968 (Cth) no part of the website or Our Content may be reproduced, adapted, performed/presented in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of Apotheca.
15. Third-party, User Content & Your Content
15.1. At times the Website may contain links to other websites, which are not operated by us (“Linked Sites”). We may also provide embedded content hosted and controlled by third party providers (“Embedded Content”). Apotheca has no control over Linked Sites and Embedded Content, and as such accepts no responsibility for them or any loss or damage to you that may arise from using them. Your use of Linked Sites or Embedded Content is entirely your choice and responsibility, and is subject to the T&Cs of Linked Sites and Embedded Content.
15.2. Apotheca does not endorse, promote or recommend any the operators, or any person, organisation or corporation, associated with Linked Sites and Embedded Content unless explicitly stated.
15.3. At times you may be able to provide, contribute, upload and publish (collectively, “Publish”) your own data, content or materials (“User Content”) to, or through, our Website and associated websites (eg. our Blog, Facebook page, etc). User Content could include text, images, information, or comments, Published via email, comment, blog, enquiry, social media platforms, third-party partnerships and plug-ins, or other means.
15.4. You own any User Content that you Publish on the Apotheca Website (“Your Content”). Other users own any User Content they publish to the Apotheca Website. Apotheca reserves the right to moderate, deny or remove any User Content, at any time, without explanation. We are not obliged to use, maintain or display your User Content.
15.5. Your Content must not include:
- 1. Content that you do not have the right to disclose under law, or an obligation you have to a third party (such as confidentiality agreements)
- 2. Content that reveals private information, such as your or another person’s identity; or sensitive information, including names, email addresses, phone numbers or addresses.
- 3. Content that infringes, or could possible infringe, the rights (including intellectual property rights, copyrights and trademarks) of others.
- 4. Content that can be interpreted by others as being harmful, threatening, abusive, harassing, vulgar, obscene, defamatory, misleading, an invasion of privacy, immoral or otherwise offensive or illegal.
15.6. You are personally responsible and liable for Your Content. By uploading and publishing Your Content you acknowledge that it does not contain any confidential information, and may be seen by others.
15.7. You are not entitled to any payment or compensation from Apotheca for our use of Your Content, or any User Content.
15.8. You can request removal of any User Content you Publish at any time by emailing us at email@example.com. Please ensure the subject line of your email is “ATTN: Online Content Manager – User Content”.
15.9. You can report violations of the third-party and user content terms by emailing us at firstname.lastname@example.org. Please ensure the subject line of your email is “ATTN: Online Content Manager – User Content”.
16.1. Apotheca does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses.
16.2. Apotheca will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on Apotheca it shall be limited to the cost of re-supplying that information.