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Terms And Conditions
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.
