General

Giant Chemist Harbour Town (“We/Our”) is one of Australia’s largest pharmacies located at Harbour Town on the Gold Coast with all online orders being picked, packed and fulfilled on site. Our website is designed to provide a convenient, private, and informative shopping experience for our customers to purchase products to assist in the maintenance of good health and beauty and to assist in the prevention of future illness. Our website is accessible 24 hours a day, 7 days a week, so that our giantchemistharbourtown.com.au online store offers an easy and convenient method of ordering pharmaceutical, health and beauty products online.

Giant Chemist Harbour Town (GCHT) wants each of our visitors (“you”) to our website to have a safe and pleasant experience and so we have formulated the following terms and conditions so that we both know what to expect from each other. By using our website, you agree to be bound by these terms and conditions. Please read them carefully. Your usage of our website confirms your acceptance of these terms and conditions. Your placement of an order also confirms your acceptance of these terms and conditions.

By accessing and using our website you agree to the following:

Disclaimer

The information contained on our website or on the product packaging listed within our website is not intended nor suggested to be a substitute for professional medical advice. Always seek the advice of your pharmacist, general practitioner, other medical practitioner, or qualified health and beauty provider.

Information on Website

Any information contained on the Giant Chemist Harbour Town (GCHT) website is for general information purposes only. Our users acknowledge that the information available on our website may be modified, updated or replaced by GCHT from time to time without notice. Whilst we endeavour to present accurate information, GCHT does not warrant that the information or imagery contained on the website is accurate, complete, up to date, or without viruses and errors, or complies with any legislation or regulations other than those in Australia. GCHT shall have no liability with respect to any claims arising from using the information on our website however it may arise.

Security and Privacy

You acknowledge that access to our website may be monitored and tracked by GCHT by the use of cookies. GCHT does not sell, rent or give away our user’s information (including phone numbers and email addresses). All information is highly respected and is only used to assist GCHT in providing you with valued services. GCHT will not disclose personal information about you or your browsing habits to any other third party, unless you give GCHT express permission to do so, or unless required to do so by law. GCHT may disclose aggregated information about our users in general, including statistics related to our website to others, but in so doing, we will not disclose information about any particular individual. Notwithstanding the above, you acknowledge that transmissions to and from this website may be monitored, intercepted or modified by other parties.

Copyright and Trademarks

This website, and the information, images and text on the website, are copyright. You may download the information, images and text as incidentally necessary to enable proper access to our website. Other than for use as authorised in our terms or as approved by GCHT in writing, our users may not retain, copy, reproduce, modify or distribute any information, images or text on the website for any purpose. Trademarks used on this site to describe companies and their products are the trademarks of those companies or the registered proprietor of the relevant trademark and may not be copied, downloaded, reproduced, modified, or distributed in any way without prior permission. 

Refunds and Returns Policy

By using our services and making purchases on our website, you agree to abide by and accept our refunds and returns policy as detailed on the website.

Linking and Framing

Links to external sites from this website are provided for your convenience and information only. GCHT does not endorse or make any warranty with respect to such external sites.

Website Availability

GCHT does not warrant that our website will be accessible at any time. Users acknowledge that our website may be inaccessible for a number of reasons, including due to matters beyond GCHT’s control, and shall not hold GCHT responsible in respect of any claims arising from accessibility issues. GCHT does not warrant that our users’ access to our website will meet any particular performance expectations.

Item Availability and Catalogues

From time to time some items on our website may be out of stock. During such times, please contact us visa our website or call (07) 5529 3444 and we can advise when the item will be back in stock. On occasion, not all items displayed in our catalogues will be available to purchase on the Giant Chemist Harbour Town website.

No Liability

To the maximum extent permissible by law, and subject to the provisions of the Competition and Consumer Act 2010 (Commonwealth) GCHT will not be liable in respect of any loss or damage, however caused, to any person or property resulting from access to, or use of, this website or the information contained on this website. If we are found to be liable, our liability will be limited to the cost of supplying product/ information again.

Disclaimer and Limitation of Liability for Products Sold

Except as expressly stated herein, Giant Chemist Harbour Town makes no representations or warranties, either express or implied, of any kind with respect to products sold on our website. Except as expressly stated herein, GCHT expressly disclaims all warranties, expressed or implied, of any kind with respect to products sold on our website, including, but not limited to merchantability and fitness for a particular purpose except for the “consumer guarantees” outlined in the Australian Consumer Law (found at www.accc.gov.au). You agree that the sole and exclusive maximum liability to GHCT arising from any product sold on our website shall be the price of the product ordered. In no event shall GCHT, its directors, officers, employees and representatives be liable for special, indirect, consequential or punitive damages related to product sold.

TO THE FULL EXTENT PERMITTED UNDER THE LAW WE HEREBY EXCLUDE ALL WARRANTIES AND CONDITIONS NOT EXPRESSLY SET OUT HEREIN - EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO WRITTEN NOR ORAL INFORMATION OR ADVICE OFFERED BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL ESTABLISH A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. 

1. Our total aggregate liability to you for any claim in contract, negligence, tort or otherwise arising out of or in connection with the provision of our Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within ONE MONTH of the original purchase; initial hire date; or date on which the service was supplied. 

2. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever. 

If this agreement constitutes a supply of goods or services to a consumer as defined in any national, State or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the goods and you - where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to: 

·         In relation to goods 

·         The replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or 

·         The repair of the goods or payment of the cost of having the goods repaired; 

·         In relation to services 

·         The supplying of the services again; or

·         The payment of the cost of having the services supplied again as in each case we may elect.

Adults Only Section

By clicking on the Adult Only menu item or continuing within the Adult Only section, you agree to the below terms and conditions and confirm that you are over 18 years old.

The Obligations of Our Users

Products on our website are only available for sale to persons aged 18 years or older. When placing an order with us for any product you warrant that you are at least 18 years of age and have all necessary authority to enter into a binding legal contract to purchase the product in question, including any and all necessary authorities to allow us to debit the credit cards, bank accounts or finance facilities provided. Giant Chemist Harbour Town (we) will presume that anyone at the delivery address who receives the goods will be authorised to receive the goods. If your goods include products in respect of which the law prescribes a minimum age for purchase, you must be over the age of 18 years (or such other minimum age as is prescribed by the law), and you must ensure that a person over that age is available to accept delivery of the goods. We may refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age. If there is no-one at the delivery address or no-one of appropriate age to receive the order, we may charge you additional delivery fees. Once the goods are delivered to you, you will own them and it is your responsibility if they are lost or damaged. We reserve the right to restrict sales to retail quantities when supplying resellers and distributors. You must not:

·         Use our website in breach any laws or infringe any third party’s rights, or mail to, or transmit via this website anything which interferes with other users on our website;

·         Knowingly transmit any viruses or similar disabling or malicious code to our website;

·         Make any fraudulent enquiries or requests via our website;

·         Post or transmit any obscene, indecent, inflammatory or pornographic material that may offend any person;

·         Interfere with, or restrict the operation of our website;

·         Violate the security of any computer, or other network, or engage in illegal conduct via or through the use of our website; or

·         Otherwise use our website except in accordance with these terms and conditions.

Disclaimer for Use of Site

Under no circumstances shall we or any other party involved in creating, producing, or distributing our website be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use our website (ii) the cost of procurement of substitute goods and services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from our website (iii) unauthorised access to or alteration of your registration information, transmissions or data (iv) statements or conduct of any third party on our website (v) negligent or wilful acts of Giant Chemist Harbour Town, its directors, officers, employees and representatives or (vi) any other matter relating to our website.

You agree to indemnify and hold Giant Chemist Harbour Town and our directors, officers, employees and representatives harmless from any claim or demand, including reasonable legal fees, made by you or any third party due to, or arising out of the Content you submit, post to or transmit through the site, your use of our website, your connection to our website, your violation of the Terms of Use, or your violation of any rights of another.

Your Account Obligations

In consideration of your use of our website, you agree to:

·         Provide true, accurate, current and complete information about yourself as prompted by our website registration.

·         Maintain and promptly update your registration information to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your registration and refuse any, and all current and future use of our website. You may access the personal information you have provided to Giant Chemist Harbour Town through our website by viewing your account details as contained within our website where you may change and update your personal information which you have provided.

You are responsible for maintaining the confidentiality of your password and registration and are fully responsible for all activities that occur under your password and registration. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. Giant Chemist Harbour Town considers this registration information private. The information is kept on a secure server to protect it from outside parties. We use the information only for the limited purposes of processing your orders, for statistical purposes to improve our website and services to you, to administer our website, and to notify you of products or special offers that may be of interest to you.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Giant Chemist Harbour Town reserves the right at any time after receipt of your order to accept or decline your order for any reason. Giant Chemist Harbour Town reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.

Giant Chemist Harbour Town shall have the right to refuse or cancel any orders placed through our website for product listed at the incorrect price. GCHT shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged, if your account or credit card has already been charged for the purchase and your order is cancelled GCHT shall issue a credit to your account or credit card account in the amount of the incorrect price. 

Typographical Errors

In circumstances where a product appears at an incorrect price because of typographical error or incorrect pricing from our suppliers GCHT reserves the right to refuse to supply any orders received for incorrectly priced products. GCHT shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your account or credit card charged, if your account or credit card has already been charged for the purchase and your order is cancelled GCHT shall issue a credit to your account or credit card account in the amount of the incorrect price. 

Variation

GCHT may amend these terms and conditions from time to time. Any amendment will be effective immediately. Your continued use of the website after any amendment becomes effective constitutes your agreement to the amended terms and conditions.

Limited Purchase Quantities

There is a minimum order of $10 for delivery. Orders less than $10 can be picked up in-store. Should you wish to have your items delivered, please ensure the order amount is over $10, prior to postage costs being applied.

The Giant Chemist Harbour Town website reserves the right to check and restrict the purchase quantities of products at its sole discretion. GCHT reserves the right to limit sales to a non-commercial amount at its sole discretion. In such cases GCHT will reduce product(s) to what GCHT considers a non-commercial quantity. Any commercial size quantities should be requested by email through our contact details on our website.

Applicable Law

As far as legally possible this Agreement, its terms and conditions and the use of our website shall be governed by the laws in existence from time to time in Australia. Any claim relating to this website, the services provided through the site, or the content shall be governed by the internal laws of the State of Queensland and you agree to submit to having the matter dealt with in a court in Brisbane in the state of Queensland, Australia.

Your Personal Information and Overseas Disclosure

Giant Chemist Harbour Town stores your personal information in Australia. However, Giant Chemist may provide some links within our website to websites outside of the Giant Chemist Harbour Town service. These linked websites are not under the control of Giant Chemist Harbour Town and we are not responsible for the conduct of companies linked to our website. Prior to disclosing your personal information on any other website, we recommend that you examine the terms and conditions and Privacy Policy of that website.

The Giant Chemist Harbour Town Loyalty Card

Personal information collected through the Giant Chemist Harbour Town loyalty club is stored in accordance with our Privacy Policy. Loyalty Card points are not applicable to online sales and are exclusively valid for in-store purchases.