Terms of Use

Terms of Use

The websitewizardpharmacy.com.au(the Site) is owned and operated by Wizard Pharmacy Services No.2 Pty Ltd (ACN 611 122 699) of 173 Davy Street, Booragoon WA 6154  (“Wizard”, “we”, “us”). Wizard wants each user of the Site ("you", “User”) to have a safe, pleasurable visit, so we have established the following terms and conditions (“Terms and Conditions”) so that we both know what to expect from each other. By using the Site you agree to be bound by the Terms and Conditions. We recommend you read these Terms and Conditions and the Privacy Policy before accessing or using the Site.  By using, accessing and/or visiting the Site (including but not limited to completion of an Online Health Questionnaire, accessing any content on the Ste, bookings, ordering and/or using any services or products supplied or advertised by Wizard on the Site (“Products”) or making payments etc.), you signify your agreement to the Terms and Conditions and Privacy Policy.

INFORMATION DISCLAIMER

The information contained on this Site is for general information purposes only. Users acknowledge that the information available on the Site may be modified, updated or replaced by us from time to time without notice.

All information supplied by us has NO WARRANTY whatsoever. Information and statements are not intended to diagnose, treat, cure, or prevent any disease. No warranty is made that any information on or linked to this Site is complete, accurate, reliable, current, virus-free, and error-free or complies with any legislation or regulations other than those in Australia. All information contained on the Site, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form.

Professional advice is required for each particular illness, disease, infection, injury or other medical condition and for dosages of a pharmaceutical product supplied via this Site. The information is not to be taken as any sort of medical advice whatsoever. You take full and total responsibility for what you do with this information, and any resulting outcomes from your actions.

The information contained in this Site is not intended nor is it implied to be a substitute for professional medical advice or any information contained on or in any Product packaging or labels. Always seek the advice of your Pharmacist, General Practitioner, other medical practitioner or qualified health provider when starting any new medical treatment, continuing with medical treatment or with any questions you may have regarding yours or any other parties’ medical condition. NOTHING CONTAINED IN THE SERVICE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT.

SECURITY AND PRIVACY

Users acknowledge that their access to the Site may be monitored and tracked by us by the use of cookies and/or retailer IDs. We do not sell, rent or give away User information (including phone numbers and e-mail addresses). This information is highly respected and is only used to assist us in providing you with valued services. Any information provided by Users or their browsers (including cookies) will be for our use. We will not disclose personal information about Users or their browsing habits to any other third party, unless Users give us express permission to do so, or unless required to do so by law. We may disclose aggregated information about Users in general and statistics related to this Site to others, but in doing so, will not disclose information about any particular individual. Notwithstanding the above, Users acknowledge that transmissions to and from this Site may be monitored, intercepted or modified by other parties. Wizard may elect to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind:

  1. to satisfy any law, regulation, or government request;
  2. if such disclosure is necessary or appropriate to operate the Site; or
  3. to protect our rights or property or the rights of the Users, our directors, employees, representatives, sponsors, third party providers or licensors. We are not responsible for screening, policing, editing, or monitoring such content.

COPYRIGHT AND TRADEMARKS

The copyright in this Site and the information, text, software, scripts, graphics, photos, sounds, music, videos, and the like (“Site Content”) ") and the trademarks, service marks and logos contained therein ("Site Marks") are owned by or licensed to Wizard, and subject to copyright and other intellectual property rights under the law. Users may download the information, images and text as incidentally necessary to enable the proper access to the Site. Other than use as authorised in these terms or by us in writing, Users may not retain, copy, reproduce, modify, adapt, upload (other than for the sole purpose of viewing the Site Content), transmit or distribute any information, images or text on the Site for any purpose. Trademarks, registered and unregistered, used on this Site to describe or identify companies or Products other than Wizard may be protected by law.   You must not use or copy, the trade marks (except as an integral part of an authorised copy of material appearing at this Site) without our prior permission or the permission of the owner of the trade mark.

LINKING AND FRAMING

Links from this Site to external sites not operated by us are provided for convenience only and we do not endorse or make any warranty with respect to such external Sites. Wizard has no responsibility for the condition, content or operation of any such sites and shall not be liable for any damages or injury arising out of or resulting from access to or use of such sites. If you click on a link to another site, you do so entirely at your own risk.

SITE AVAILABILITY

We do not warrant that this Site will be available at all times or at any time. Users acknowledge that the Site may be unavailable for a number of reasons, including due to matters beyond our control.   We do not warrant that Users’ access to the Site will meet any particular performance criteria.

LIABILITY AND INDEMNITY

To the fullest extent permitted by law, Wizard, its directors, employees, agents and representatives, exclude all liability, howsoever arising (including from negligence), for any loss or damage whether direct, indirect, special or consequential, or for personal injury which is suffered or sustained, by any User, arising in any way out of or in connection with the Site, including, but not at all limited to such loss, damage or injury arising out of the following:

  1. using the Site or relying on the Site Content;
  2. ordering and/or using any services or Products supplied or advertised by Wizard on the Site;
  3. any errors or omissions from any information on the Site including typographical or photographical errors or for the alteration of any information provided by a User;
  4. any technical malfunction, error, virus, delay or interference on the Site including any interruption, delay in operation or transmission, communication line failure, computer viruses or bugs;
  5. any unauthorised intervention or unauthorised access to the Site; or
  6. a failure or omission on the part of Wizard to comply with its obligations under these Terms and Conditions.
  7. To the fullest extent permitted by law, Wizard and its agents:
  8. do not make any representation, warranty or endorsement of any kind, whether express or implied, with respect to the information or material contained herein or the accuracy, reliability or completeness thereof; and
  9. expressly disclaim all representations and warranties, express or implied, with respect to the Products.

You hereby waive and release any and all claims that you may have against Wizard, its directors, employees, agents and representatives in connection with, or arising out of, or incidental to, your access to the Site and/or your purchase and/or use of any Products advertised therein, and/or your relying on any Site Content.

Nothing in these Terms and Conditions limits, excludes or modifies the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 or any other implied warranties under the ASIC Act or similar consumer protection laws in Australia, except where Wizard is legally permitted to do so. If it is legally permitted to do so, then Wizard limits its liability to the following: (1) in the case of goods, one or more of the following: (a) the replacement of the goods or the supply of the equivalent goods; (b) the repair of the goods; (c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (d) the payment of having the goods repaired; and (2) in the case of services, one or more of the following at Wizard’s discretion: (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again. See our Returns Policy below for more information.

You indemnify Wizard, its directors, employees, agents and representatives, 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 as a direct or indirect consequence of you using the Site, relying on Site Content and/or purchasing and using any Products.

USER OBLIGATIONS

You must not:

  1. use the Site in breach any laws or infringe any third party’s rights or post to or transmit via this Site anything which interferes with other Users of this Site;
  2. knowingly transmit any viruses or similar disabling or malicious code to this Site;
  3. make any fraudulent enquiries or requests via the Site;
  4. post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may defame or offends any person;
  5. interfere with or restrict the operation of this Site;
  6. violate the security of any computer or other network or engage in illegal conduct via or through the use of this Site;
  7. reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site;
  8. access the Site by any means other than through the interface that is provided by us for use in accessing the Site
  9. otherwise use the Site except in accordance with these Terms and Conditions

You agree to:

  1. provide true, accurate, current and complete information about yourself as prompted by the registration form (the "Registration Information") and
  2. maintain and promptly update the 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 the Site.

You are responsible for maintaining the confidentiality of your details and are fully responsible for all activities that occur. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. Wizard considers your details 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 Site and services to you, to administer our Site, and to notify you via email or SMS of Products or special offers that may be of interest to you.

OUR RIGHTS

Wizard may terminate your access, or suspend your access to all or part of the Site, without notice, including for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another User, a third-party provider, merchant, sponsor, licensor, service provider, or us.

APPLICABLE LAW

As far as legally possible these Terms and Conditions and the use of this Site shall be governed by the laws in existence from time to time in Australia. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the internal laws of the state of Western Australia, Australia and you agree to submit to having the matter dealt with in a court in Perth in the state of Western Australia, Australia or another Australian jurisdiction. If any provision of this legal statement shall be unlawful, void or for any reasons unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

TERMINATION

Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site. In this event, the liability and indemnity provisions provided in these Terms and Conditions will survive such termination, and all rights of Wizard granted herein are otherwise reserved

GENERAL INFORMATION

These Terms and Conditions constitute the entire agreement between Wizard and you and governs the use of the Site. You may also be subject to additional Terms and Conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

WIZARD PHARMACY ONLINE STORE (“THE STORE”).

1. Placing of orders

  1. 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. Wizard reserves the right at any time after receipt of your order to accept or decline your order for any reason, including but not limited to where the requested Product is not available or if there is an error in the price or the Product description posted on the Site or if the sale is questionable in terms of fraud.
  2. The price payable for any Products or services is the price specified on the Site at the time of placing the order. Prices displayed are subject to change at any time
  3. If we reject an order placed through the Site, we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order. 
  4. Wizard 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.
  5. Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these Terms and Conditions and send you an email confirmation of that order.
  6. In certain circumstances, we may need to cancel your order after it has been processed and provide you with a full refund. This includes (but is not limited to) where we suspect the transaction has been made without the authority of the credit card holder.
  7. When placing an order you will only be able to select “Delivery” or “Click and Collection” for your entire order, you will not be able to split your order into the two different delivery options. Please ensure that you select the right delivery option at the start of creating your order. 

2. Delivery of Products

  1. After ordering online, you will receive an email confirmation from Wizard containing your order number, details of your order and a link to track its progress. However, on account of the nature of the internet we cannot guarantee receipt. Please add the Wizard email address donotreply@e.wizardpharmacy.com.au in your contact address book to ensure emails are not sent to junk mail or blocked by your fire wall.
  2. Australia Post will deliver our Products, and will only deliver Products ordered through the Site to a location where we provide delivery services.
  3. You may receive multiple deliveries for your order and these are described at the point of checkout. 
  4. The delivery fee for your order depends on the option chosen at checkout, either express or standard delivery.
  5. You acknowledge and agree that any person at the delivery address who receives the order is authorised by you to receive your order. If no-one is available to collect your order at the time that is delivered, the delivery carrier will leave written instructions on how you can collect your order from the nearest post office. For further terms and conditions, please refer to the Australia Post website.
  6. Wizard reserves the right to charge additional delivery fees if the weight of your purchase exceeds the delivery option you selected.
  7. Orders will only be delivered within Australia and no international orders will be accepted.
  8. Orders will not be accepted where the delivery address is a PO BOX. This is for security reasons as a signature is required upon delivery.
  9. Risk of loss and title for the Product(s) pass/es to you upon dispatch from our warehouse to the delivery carrier.
  10. Wizard is not responsible for any delay in delivery of any Products caused by, or in any way connected with, any other cause beyond the reasonable control of Wizard (including but not limited to shortfall of supplies, strikes, industrial disputes).

3. Payment Methods

  1. We accept Visa and MasterCard credit cards. American Express is not accepted.
  2. Please be sure to provide your exact billing address and telephone number - the address and phone number your credit card bank has on file for you. Incorrect information may cause a delay in processing your order.
  3. Your credit card will be billed as soon as your order is placed and you will be emailed a tax invoice as soon as you complete your online order. This is done to protect the security of your credit card details, as we do not store your card details at any point. In the event that we cannot fulfil your order or some items cannot be shipped, we will refund the difference back to your credit card. These refunds may take several business days to appear on your statement.
  4. Wizard Rewards Points (“Points”) and Wizard Vouchers (“Vouchers”) can be used as part of your online transaction but restrictions do apply on what they can be used on:
    • A Voucher cannot be used as payment for delivery and will only apply to the transaction total minus the delivery cost. If you qualify for free shipping prior to using a voucher and therefore no longer meet the minimum spend for free shipping, you will then need to pay the delivery fee. 
    • For further information on the use of Points and or Vouchers please view the Wizard Rewards Terms and Conditions found at https://www.wizardpharmacy.com.au/content/wizard-rewards-terms-conditions.

4. Limited purchase quantities

  1. Wizard reserves the right to monitor and limit the purchase amounts of Products at its sole discretion. Wizard reserves the right to restrict sales to a non-commercial level at its sole discretion. In such cases Wizard will reduce Product(s) to what Wizard considers to be a non-commercial quantity. Any commercial size quantities should be requested by email to; cannington1@wizardphy.com.au.

5. Returns Policy

  1. You should inspect the Product(s) immediately upon receipt at your nominated delivery address and you must notify Wizard within five (5) working days of delivery of any shortfall, damage or incorrect orders.
  2. Exchanges or refunds can be given where Products are faulty, wrongly described or different from a sample shown.
  3. Refunds will not be given for a simple change of mind or if you make a wrong selection, so please choose carefully.
  4. Donations to charities are non-refundable.
  5. For more information on our Returns Policy please view the policy in full here.  
  6. If a Product received by you is damaged or faulty, promptly contact us by emailing customercare@wizardpharmacy.com.au to organise for the faulty Product to be returned, then return the faulty Product with your proof of purchase attached and a written reason detailing the fault or damage and your contact details. Nothing in these Terms and Conditions reduces or limits your rights under the Australian Consumer Law.  Once returned to Wizard, if we reasonably assess that your returned Product is in fact faulty/damaged and/or in breach of any statutory or express warranty, we will replace your Product with an identical Product and also arrange to reimburse you for the postage costs incurred by you to return your faulty/damaged Product to us. If we are unable to replace the Product with an identical, you may select another stocked Product of the same purchase price, or you can opt for a refund of the purchase price of the faulty Product. The replacement Product will be sent at no charge, as soon as possible, after we receive your faulty or damaged Product. Any faulty or damaged Product(s) must be complete. Returns will not be accepted by Wizard if the fault or damage to the Product has been caused by accident or by misuse by either you or a third party or if the Product has been modified or tampered with in any way by you or a third party.

VARIATION

We may change these Terms and Conditions from time to time. Any amendment will be effective immediately. Your continued use of the Site after any change becomes effective constitutes your agreement to the new Terms and Conditions.

 

Last Updated; 08/02/2019

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