Terms and Conditions

Hi and thanks for visiting ThePharmacy

This website has been made so we can provide you with the best products and service at the lowest prices and all available 24 hours a day 7 days a week. We want to make sure you have the best experience possible, so the following terms and conditions have been written to make it clear what are our obligations to each other. We will always strive to ensure you have a safe, enjoyable and informative experience when using ThePharmacy website.

Access to and use of this site is provided by Leichhardt Quality Health Pharmacy ABN:99 470 945 296 ("ThePharmacy", "we", "us" and "our") on the following conditions and any other directions or rules of use on this site ("Terms"). If you access this site (other than to read these Terms for the first time), you agree to these Terms. We reserve the right to change the Terms at any time by posting changes online. You are responsible for informing yourself of any changes by regularly reviewing these pages. If you access the site after changes are posted, you are taken to have accepted all changes. Children who access this site are encouraged to obtain their parents permission.

Disclaimers, liability limitation and indemnity

General disclaimers

Use of this site is at your risk. None of ThePharmacy, its affiliates or any of their respective employees, agents, third party content providers or licensors make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with this site, its use, its content or any products or services (including our products or services) referred to on this site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) Your reliance on the completeness, accuracy, suitability or currency of the site or its content.

(b) Failure or delay of performance or in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.

(c) Accessing any sites or servers maintained by other organisations through links on this site. Links are provided for the convenience of our site users only, without responsibility for the content or operation of those sites. Unless otherwise stated, we do not endorse linked sites and their products and services. You link to any such site at your own risk.

(d) Defamatory, threatening, offensive or unlawful conduct of third parties.

(e) A breach by us of our Information Handling Policy.

Specific Advice

If you require specific advice for your individual circumstances, click here to contact us or call ThePharmacy on 1300 THEPHARMACY (1300 843 742) or +61 2 9569 4056 (calling from overseas). Do not rely on the general material on this site.

ThePharamcy provides this website in order to allow its users to view information including general information about health and medical needs.

The material provided on this website is not a substitute for the direct advice of our Pharmacists, your doctor or other qualified health care professional. The mention of specific products or services on this website does not constitute or imply a recommendation or endorsement by ThePharmacy unless it is specifically stated.

Warranty Disclaimer

ThePharmacy provides the information on this website. This site and its content and site-related services are provided "as is", with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this site, site-related services, and hyperlinked websites. No oral or written information or advice given by ThePharmacy, the agent, or its authorized representatives shall create a warranty or in any way increase the scope of this warranty.

ThePharmacy is not liable to any other party for any loss or damage, including direct, consequential, incidental or indirect loss or damage including loss of profit (whether direct, consequential, incidental or indirect) resulting from a breach of these terms and conditions by ThePharmacy or the negligence of ThePharmacy or its representatives.

Limitation of our liability (if any) to you

Our total liability to you (if any) for loss, damage or reliance shall be limited, at our election, to:

In the case of goods supplied or offered by us for a fee - repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this. We accept no, and exclude all, liability for goods supplied or offered by us for free.

Indemnity

You indemnify us, our affiliates and our respective employees, agents, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by us ("Our Loss") as a direct or indirect consequence of you (or, where applicable, any other person using your username and password) using this site.

Without limiting the preceding paragraph, you indemnify us for any of Our Loss incurred by virtue of any breaches of third parties' intellectual property rights as a direct or indirect consequence of you (or, where applicable, any other person using your username and password) using this site.

Rights we cannot exclude, limit or disclaim

This disclaimer, liability limitation and indemnity does not exclude any rights which by law may not be excluded.

Links

This website may provide links to other websites that are not owned or controlled by ThePharmacy. We are not responsible for the privacy practices of other websites. Consult the privacy statement of each website you visit. Links to other websites do not constitute or imply endorsement by ThePharmacy of those sites, the information they contain, or any products or services they describe.

Information on this website

The materials on this website are provided "as is" and without warranties of any kind either express or implied to the fullest extent permissible pursuant to applicable law. ThePharmacy disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

ThePharmacy makes no claim or representation as to the accuracy of the content contained on this website. ThePharmacy does not accept liability to any person for the information or advice provided on this website. ThePharmacy does not accept any liability for loss or damages incurred by any person as a result of reliance upon the content of this website, or any other information incorporated by reference.

All information on this website is provided by ThePharmacy on the basis that all persons accessing this website undertake the responsibility for assessing the accuracy of its content and that they rely on it entirely at their own risk

Access, correction, and data integrity

Although we attempt to ensure the integrity and accurateness of the website, we make no guarantees as to its correctness or accuracy. It is possible that the website could include typographical errors, inaccuracies, or other errors, and that unauthorised additions, deletions, and alterations could be made to the website by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected.

Revisions, changes, and updates

We may revise our policies and the information on this website or change or update the website without notice. ThePharmacy may also make improvements and/or changes in products and/or services described in this information or add new features at any time without notice. Any revised policy will apply both to information we already have about you at the time of the change, and any personal information created or received after the change takes effect. We encourage you to periodically reread these Terms and Conditions to see if there have been any changes to our policies that may affect you.

Visitor/member message boards and other interactive areas

ThePharmacy may, but is not obligated to, monitor or review any areas of this site where visitors transmit or post communications or communicate solely with each other, including, but not limited to, message boards and other user forums, and the content of any such communications. ThePharmacy, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise. ThePharmacy retains the right to remove, in its sole discretion, communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate.

Cookies

A "cookie" is a small text file placed on your computer by a web server when you access a website. Cookies are frequently used on websites. Cookies in themselves do not identify the individual user, just the computer used.

ThePharmacy generally uses cookies to make a record of your visit and will log the following information:

•   Your server address;
•   Your top level domain name;
•   The date and time of access to the site;
•   Pages accessed and documents downloaded;
•   The previous site visited;
•   The type of browser software in use.

ThePharmacy uses this information for various purposes including:

•   statistical purposes;
•   to enable you to access online services;
•   to determine whether you have previously used parts of the Website or to identify the pages you have accessed,
but in each case, information collected cannot be used to personally identify you.

You can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. For example, you can set your browser to notify you when you receive a cookie or to reject cookies. However, if you decide not to display cookies, then you may not be able to gain access to all the content and facilities of this Website.

Emergency Help

If you think you have a medical or psychiatric emergency, call 000 or go to the nearest hospital. Do not attempt to access emergency care through this website. If you are not sure what sort of care you need, please call your doctor or local hospital.

Copyright and intellectual property notices

Copyright and trademark notices

No trademark of ours (whether registered or otherwise) may be used without our prior, specific, written permission.

Our product names and images on this site may be trademarks or registered trademarks of ours, our affiliates or third parties (including advertisers, sponsors and customers). The use or misuse of these trademarks, except as expressly authorised, is prohibited.
The use by us of a third party trademark on this site is not intended to indicate any association with, or endorsement by ThePharmacy, of that trademark.

We own or control, and reserve, all rights

Unless otherwise indicated, all rights (including copyright) in the content and compilation of the web pages and online images (including text, graphics, logos, button icons, video images, audio clips and software) comprising the site are owned or controlled, and are reserved, by us.

We can use your feedback

When you send us any feedback or suggestions about this site or our business, you agree that we can use and adapt any ideas, concepts, techniques, words or images contained in the feedback or suggestions for any purpose and without restriction or compensation.

If you think your copyright has been infringed

We take issues of copyright and intellectual property very seriously. If you believe that any part of this site in any way infringes your copyright or other intellectual property rights, please contact us.

User conduct

Lawful and authorised use only

You must use this site only for lawful purposes and for the purposes explicitly outlined and authorised in this site (including in these Terms).

If any part of this site requires you to provide a username and password in order to access or otherwise use any part of this site, you must keep that username and password confidential and not provide them to anyone other than us.

We strongly recommend that you:
1.   Keep your password secure and protected;
2.   Keep only one record of your password;
3.   Keep your record of your password separate to your email address;
4.   Do not tell any unauthorised person your password;
5.   Do not allow any unauthorised person to watch you login to the site or hear your password; and
6.   Change your password regularly.

IF SOMEONE UNAUTHORISED GAINS ACCESS TO YOUR PASSWORD OR YOU BECOME AWARE OF ANY MISUSE OF YOUR DETAILS, PLEASE CALL US ON 1300 THEPHARMACY (1300 843 742) AS SOON AS POSSIBLE.

You are authorised to:

(a) Download and view content; and

(b) Use the software included in this site for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

You must not, without our prior written permission, exploit any of our site materials for commercial purposes.

Otherwise you are not authorised, without our prior written permission and the permission of any other relevant rights holder, to copy, broadcast, reproduce, republish, store (in any medium), transmit, broadcast, distribute, show or play in public, adapt or change in any way, the content of, or create a derivative work from, these web pages for any other purpose.

This prohibition does not extend to materials on this site which are expressed to be freely available for re-use or replication, subject to any conditions we specify.

Personal Use

ThePharmacy authorises you to print, copy, reproduce and download materials on this website, subject to the material being used exclusively for personal use, and the material not being modified in any manner.

Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act, no part of this site may be reproduced without the written permission of ThePharmacy.

If you download material (including software) from this website, the software, including any files, and/or images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by ThePharmacy. You are expressly prohibited from selling, distributing, decompiling, reverse engineering or otherwise dealing with the Software in a like manner.

Commercial Use

Printing, copying, downloading, reproduction or distribution of material from this website for commercial use is expressly prohibited without ThePharmacy's prior written consent.

Hyperlinking and in particular but without limitation deep linking is expressly prohibited without ThePharmacy's prior written consent, such consent is at the sole discretion of ThePharmacy.

General prohibitions

You must not use this site, or any tools offered through this site, in a manner which; or up-load, post, transmit or otherwise make available through this site any material which:

(a) Violates or infringes the rights of others (including their intellectual property, privacy and publicity rights);

(b) Is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;

(c) Encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;

(d) Restricts or inhibits any other user from using or enjoying this site;

(e) Affects the functionality or operation of this site or its servers or the functionality or operation of any users computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly); or

(f) Breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require us to take remedial action under any applicable industry code.

Co-operation with authorities

We reserve the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials which the authority claims violates any applicable law.

Disclaimer about others' materials

You acknowledge that any third party materials appearing on this site are not necessarily controlled or monitored by us and that the views expressed are not necessarily ours.

Termination

By using this website you agree to these terms and conditions of use.

This agreement is effective from your first use of this website until terminated by you or ThePharmacy. You may only terminate this agreement by unsubscribing to all services provided by ThePharmacy on this website and destroying all materials obtained from this website, all related documentation and all copies and installations thereof, whether made under the terms of this agreement or not.

This agreement will terminate immediately, with notice from ThePharmacy if, in ThePharmacy's sole discretion, you fail to comply with any term or provision of these terms and conditions. Upon termination, you must destroy all materials obtained from this website and unsubscribe to all services provided by ThePharmacy on this website.

Postage, delivery and in store pickup

Postage

If Australia Post has tried to deliver your item and were unable to contact you, your parcel will be left at your local Post Office. They will then send you reminder notices to ensure you pick up your item. If you do not pick up your item after four weeks and we and Australia Post have been unable to contact you, your parcel will be sent back to us. In this case we will endeavour to contact you so we can resend your items. Please note a new shipping charge will have to be paid by the customer for us to send your item again.

Postage tracking systems are provided by Australia Post and ThePharmacy is not responsible for errors and omissions by Australia Post

Free Postage

Free postage is only available on orders over $100 that meet the following conditions.
Delivery address must be within Australia and its territories (inc Australian Antarctic Territory, Lord Howe Island, Territory of Heard Island and McDonald Islands, Christmas Island,Cocos (Keeling) Islands, Norfolk Island.) Exceptions may apply for heavy or bulky items and commercial quantities.

Pickup

If you are in the Sydney area you can pick up your item/s directly from our shop at 118 Elswick St, Leichhardt, NSW. If you choose this service an email will be sent when pickup is available from our store. You must present ID (License, Medicare card or similar) for pickup so we can verify your identity. If a prescription item is within your order, you will also need to present the prescription along with any relevant concession cards.

This policy is to ensure all sales are properly prepared and products are in store and ready to be picked up. Some items on this website will be stored in our warehouse and will need to be sent to the store for pickup.

International Postage

International orders will be sent via Australia Posts international delivery network. Expected delivery times can be obtained from the Australia Post International Postage Guide. We in no way warrant delivery times as they are out of our control.

We can send most items in our store internationally except:
1. Prescription medications without a valid Australian Prescription by and Australian registered Doctor.

2. Items that are not suitable or not allowed for transport on aircraft. Examples of this would be flammable items e.g. Perfume, pressurised items e.g. Hair Spray and Lithium Batteries. For more information refer to the Australia Post Dangerous & Prohibited Goods & Packaging Post Guide.

Customs In Your Country

It is the full responsibility of the customer to ensure they investigate and understand the implications of customs laws and duties in the destination country. ThePharmacy it's staff or any associated party will not be held liable for customs duty payable or confiscation of goods by customs authorities. We advise the customer to consult the Australia Post International postage Guide for country specific information in helping them decide if international postage is appropriate for their needs. We also advise the customer to consult the appropriate customs authority in the delivery destinations country for specific guidance.

General Postage Information

We can ship to virtually any address in the world. Note that there are restrictions on some products due to size, and some products cannot be shipped to international destinations.

Please also note that the shipping rates for some items to select destinations will be above the standard rate as they may be very bulky, heavy or the destination is remote. We will at our discretion inform the customer if this is the case and give the option of paying additional postage, cancelling the order or arranging other means of delivery. We will always try to get your product to you in the easiest way possible for the lowest cost and within the specified timeframe.

Returns

In addition to your consumer rights under law, You may return most new, unopened items within 30 days of invoice for an exchange or a gift voucher. We'll also pay the return shipping costs if the return is a result of our error (you received an incorrect item).

When an item is returned for exchange or an account credit it will be processed as soon as possible. When returning an item for exchange or a gift voucher, please allow appropriate time for:

1. Transport of the item to ThePharmacy

2. Processing of your exchange or gift voucher

3. If exchange: Transport of your new item back to you

If you need to return an item, simply login to your account, view the order using the "Complete Orders" link under the My Account menu and click the Return Item(s) button. A Notification e-mail will be sent when we receive your returns request and assist you further.

What Happens If?

I Ordered the Wrong Product (Change of Mind)

We are happy for you to return the item for an exchange or gift voucher within 30 days of purchase, if the item is still sealed in its original packaging and has not been opened, damaged (at our discretion) in any way. You will be liable for shipping and handling costs via Australia post. We suggest you insure the item as we cannot cover the loss if it is lost in transit. If the product is damaged in any way the product will be rejected for return and the you will be liable for postage costs to return it to them.

When returning an item it is a good idea to send it back to us in the same packaging we sent it to you in.

ThePharmacy Sent the Wrong Product

We have sophisticated systems to ensure you get the correct products every time, however if we do send the wrong product you can send it straight back to us reply paid (no charge to you). Once we receive the incorrect product (unopened and unused) we will promptly send a replacement. If the item has been opened, used or the packaging has been damaged we will be unable to accept the return.

Faulty Product

If you wish to return an item that you believe is faulty, it may be necessary for the item to be returned to the manufacturer for assessment to determine whether or not you are entitled to an exchange, refund or repair.

If the item is faulty, then we will do one of the following actions (Depending on the Manufactures Policy):

1. Place you in contact with the manufacture for direct warranty support

2. Exchange the product

3. Give you and account Credit

4. Refund you for the product

If you need to return an item, simply login to your account, view the order using the "Complete Orders" link under the My Account menu and click the Return Item(s) button. We'll notify you via e-mail once we've received your returns request and assit you further.

Conditions of Return

You must first contact us and submit a Returns Authorisation from your "My Account" page. This will allow us to determine how to handle your Return.

If you have simply changed your mind, ThePharmacy will be pleased to offer you a Gift Voucher or exchange under the following conditions.

1. The item is in resalable condition for example:

2. The original tags and labels are still attached;

3. The item is in its original packaging (if any); and

4. The item is unworn, unused and as sold;

5. The item does not fall within any of the special exceptions below.

If when an exchange is made there is a difference in price, a gift voucher will be issued for the difference in price. You will then have 12 months to redeem this credit or it will expire.

Special Exceptions

Please choose carefully as we do not offer exchange or store credit on the following items unless the item is faulty, significantly different from what was shown to you, not doing what it is supposed to do, or where otherwise required by law.

1. ThePharmacy Gift Vouchers

2. Medications: We cannot accept the return of medications once they have been dispensed and left the premises. As you may expect the safety of a patients medication is of the highest priority. Once the medication has been delivered we cannot guarantee its safety and hence we cannot resell it.

3. Personal care items: Personal care items (for example Breast Pumps, Breast Milk Bottles, toothbrushes, shavers, hairbrushes, manicure sets etc.). The simplest way to determine if a product is likely to be classified as a personal care item is to ask yourself; does this item come in contact with my body or any bodily fluids. If the answer is yes then we cannot return the item as we could never sell the item again due to safety and hygiene laws.

4. Downloadable products such as eBooks

General Information

All refunds will be processed using your original payment method, or on gift voucher where appropriate at our discretion.

All returns, refunds and exchanges will be decided at the discretion of ThePharmacy and the decision is final.

This Policy operates in addition to your statutory rights for returns of faulty goods.

Applicable law

New South Wales law applies

This site (excluding any linked, third party sites) is controlled by us from Australia.
Any disputes must be determined by the courts having jurisdiction in New South Wales, Australia in accordance with laws in force in New South Wales. You irrevocably and unconditionally submit to this jurisdiction.

Unenforceable Terms

If any provision of the Terms is found by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the remaining Terms.

Site or content may be unlawful outside Australia

We do not warrant that the content of this site complies with the laws of any country outside of Australia. If you access this site from outside of Australia, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with us.

Your responsibilities under laws affecting you

You are responsible for ensuring that your use of this site is lawful, does not infringe any third party's rights and does not breach any standards, content requirements or codes promulgated by any relevant authority (including relevant Internet Industry Codes of Practice).

No offers where illegality arises

Nothing on this site constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.

Categories

Popular Brands

Our Newsletter