Terms of Use
SPECIFIC TERMS6. Content: Product Descriptions and Images |
GENERAL TERMS12. Quantity Limits & Product Restrictions |
SPECIFIC TERMS
1. Use of this Site
1.1. This Site is provided by S.A Pharmacy, a South African Pharmacy with registered offices at 25 Adderley St, Cape Town City Centre, Cape Town, 8001, South Africa (referred to throughout this Site as ("S.A Pharmacy" as a service to our customers. Please review the following basic rules that govern your use of the S.A Pharmacy site. (the "Agreement"). Please note that your use of the S.A Pharmacy website (the "Site") constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms of Use. S.A Pharmacy reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we encourage you to review these Terms of Use whenever you use this Site.2. Prices
2.1. We do our best to provide you with the lowest prices possible on S.A Pharmacy. S.A Pharmacy does not price match with any other online or offline retailer. We strive to maintain highly competitive prices and review them regularly in order to serve you with great values, every day.3. Availability
3.1.If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you. Please note that we will attempt to deliver substitute items should selected product be unavailable unless you request us not to do so.4. Acceptance
4.1. There will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason. At the moment that the goods are dispatched (and not before), a contract will be made between you and us.5. Delivery
6. Content: Product Descriptions and Images
6.1. OS.A Pharmacy attempts to be as accurate as possible in its product descriptions. However, S.A Pharmacy does not warrant that product descriptions, product photos or other content of this site is accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is to return it in unused condition.7. Returns Policy
7.1. We hope you will be happy with your purchase. However, should you feel it necessary to return an item, we aim to make the returns process as simple as possible.
8. Cancellations
8.1. You can cancel or change any of your current orders up for as long as the order status is "Processing". You can do this using the "My Account" option on the S.A Pharmacy site, or you can call our Customer Support department. Please note that orders cannot be cancelled after the parcel has been posted. Back to Top9. Payment
9.1. You can pay with Credit card for your order. We also accept Bank transfers, Western Union & MoneyGram payment options.10. Refund Policy
name="Q10"> 10.1. We strive to offer our clients the best possible service and premium quality products, which is why we insist that someone must be home to receive your order. However, if at any time you are not 100% satisfied with your order we will exchange it or give you a full refund. S.A Pharmacy must be contacted immediately and be advised of any damaged/inferior items or items missing from your order. Should S.A Pharmacy be unable to supply a particular product we will refund/substitute as per your instructions and you will be advised at the time of posting your order.GENERAL TERMS
11. Security
11.1. Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
12. Quantity Limits & Product Restrictions
12.1. S.A Pharmacy reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. S.A Pharmacy also reserves the right, at our sole discretion, to prohibit sales to certain International/Overseas destinations. In addition, there are certain products which are either restricted or prohibited for sale/delivery to certain countries. It is the customer's responsibilities to investigate applicable law in their respective countries. Back to Top13. Export Policy
13.1. You acknowledge that the purchased goods licensed or sold on the Site, which may include technology and software, are subject to the customs and export control laws and regulations in South Africa and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of local or international law. Back to Top14. Copyrights and Trademarks
14.1 Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by S.A Pharmacy, one of its affiliates or by third parties who have licensed their materials to S.A Pharmacy and are protected by South Africa and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of S.A Pharmacy and is also protected by South Africa and international copyright laws.15. Reviews, Feedback, Submissions
15.1. All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to S.A Pharmacy on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain S.A Pharmacy's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to S.A Pharmacy of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.16. Indemnification
16.1. You agree to defend, indemnify and hold harmless S.A Pharmacy and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site. Back to Top17. Termination
17.1. These Terms of Use are effective unless and until terminated by either you or S.A Pharmacy. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. S.A Pharmacy also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in S.A Pharmacy's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or S.A Pharmacy, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. S.A Pharmacy's right to any Comments shall survive any termination of this Agreement. Back to Top18. DISCLAIMER
THIS SITE IS PROVIDED BY S.A PHARMACY ON AN "AS IS" AND "AS AVAILABLE" BASIS. S.A PHARMACY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, S.A PHARMACY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, S.A PHARMACY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE S.A PHARMACY WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.MERCHANDISE CONTENT DISCLAIMER: PRODUCT INFORMATION ACCESSED THROUGH THIS WEBSITE IS OBTAINED FROM CLAIMS MADE BY THE PRODUCT'S MANUFACTURER. PLEASE NOTE THAT, ON OCCASION MANUFACTURERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEB SITE, THUS WE CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER. S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY S.A PHARMACY ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER REVIEWS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER'S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY S.A PHARMACY.
PHARMACY AND MEDICAL CONTENT: THE MEDICAL CONTENT ON THE SITE IS PROVIDED BY THE PRODUCT SUPPLIER, AND NOT BY S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY S.A PHARMACY'S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY S.A PHARMACY AND ITS AFFILIATES DO NOT SPONSOR, RECOMMEND OR ENDORSE ANY THIRD PARTY, PRODUCT, SERVICE OR INFORMATION PROVIDED ON THIS SITE. ALL CONTENT, INCLUDING DRUG INTERACTION INFORMATION PROVIDED IN THE PHARMACY AREA OF THIS SITE, AND MEDICAL CONTENT PROVIDED IN ANY AREA OF THIS SITE, IS FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED, AND SHOULD NOT BE USED, AS A SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL. IT DOES NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS AND INTERACTIONS. IT MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE TO YOUR PERSONAL CIRCUMSTANCES AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE FOR YOU. ALWAYS CONSULT YOUR MEDICAL PROFESSIONAL REGARDING ANY MEDICAL CONDITION AND BEFORE USING ANY PRESCRIPTION OR OVER THE COUNTER DRUGS. THE INFORMATION AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU ACKNOWLEDGE BY YOUR USE OF THIS SITE THAT S.A PHARMACY AND ITS AFFILIATES AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE, DAMAGE OR LOSS RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THIS SITE. YOUR USE OF THIS SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE SITE.
ALL CONTENT, INCLUDING, BUT NOT LIMITED TO, RECIPE AND HEALTH INFORMATION PROVIDED ON S.A PHARMACY OR ANY OTHER PART, OF THIS SITE IS PROVIDED BY A THIRD PARTY, AND NOT BY S.A PHARMACY AND ITS AFFILIATES DO NOT SPONSOR, RECOMMEND OR ENDORSE ANY THIRD PARTY, PRODUCT, SERVICE OR INFORMATION PROVIDED ON THIS SITE. ALL CONTENT IS FOR EDUCATIONAL PURPOSES ONLY. SUCH CONTENT IS INTENDED TO SUPPLEMENT, NOT SUBSTITUTE FOR, THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL. SUCH CONTENT DOES NOT COVER ALL POSSIBLE SIDE EFFECTS OF ANY NEW OR DIFFERENT HEALTH PROGRAM. CONSULT YOUR MEDICAL PROFESSIONAL FOR GUIDANCE BEFORE CHANGING OR UNDERTAKING A NEW DIET OR EXERCISE PROGRAM. ADVANCE CONSULTATION WITH YOUR PHYSICIAN IS PARTICULARLY IMPORTANT IF YOU ARE UNDER EIGHTEEN (18) YEARS OLD, PREGNANT, NURSING, OR HAVE HEALTH PROBLEMS. Back to Top
INFANT CARE & BABY PRODUCTS. THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) AND SERVICES FROM THIS SITE OR CONCERNING INFANT CARE OR BABY PRODUCTS ARE INTENDED SOLELY AS A GENERAL EDUCATIONAL AID AND ARE NEITHER MEDICAL NOR HEALTHCARE ADVICE FOR ANY INDIVIDUAL PROBLEM NOR A SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. NOTHING OFFERED ON THIS SITE IS INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT. THE INFORMATION AND SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT S.A PHARMACY OR ITS AFFILIATES, SUPPLIERS OR USERS ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. S.A PHARMACY AND ITS AFFILIATES AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION OR SERVICES. WHILE S.A PHARMACY STRIVES TO KEEP THE INFORMATION ON THE SITE ACCURATE, COMPLETE, AND UP-TO-DATE, S.A PHARMACY AND ITS AFFILIATES AND SUPPLIERS CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION. Back to Top
LIMITED LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY S.A PHARMACY OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DA.
19. Governing Law and Jurisdiction
Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
In the event of any dispute arising between you and S.A Pharmacy, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
20. Changes to these Terms of Use
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration, shopping process or completing checkout.
S.A Pharmacy may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of you or S.A Pharmacy to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
These Terms and Conditions contain the whole agreement between you and S.A Pharmacy and no other warranty or undertaking is valid, unless contained in this document between the parties.
These terms and conditions were last updated at 15:00 (GMT+2) on 26/05/2019.