Terms & Conditions
Thank you for visiting www.chemistaustralia.com.au website.
These Terms and Conditions govern the use of Chemist
Australia ("the website") and the purchase of any goods from
it. The website is owned and operated by Delahunty�s Costless Chemists,
Est. 1932 (ABN 11594 996 628 - 2). Should you have any questions, please
contact Delahunty�s Costless Chemist on 1300 365 045 prior to ordering
from this website.
Acknowledgment and Acceptance of Terms & Conditions
Please note that by accessing, using or browsing this website you agree
to be bound by its terms, conditions, disclaimers and limitations of liability
("Terms and Conditions"). Please read them carefully. Delahunty
Chemists reserves the right to amend or update such terms, conditions,
disclaimers and limitations of liability at any time without providing
notice to you. Your usage of this site and placement of an order indicate,
you acknowledge that you have read and understood these Terms and Conditions.
Limitation of Liability
Any liability of Chemist Australia or Chemist Australia associates in
connection with goods or services supplied to you will, subject to any
non-excludable liability for breach of conditions or warranties implied
by legislation and to the maximum extent permitted by law, at the election
of Chemist Australia, be limited to:
- in relation to goods, the replacement or repair of the goods, the
supply of equivalent goods, the payment of the cost of replacing or
repairing the goods or the payment of the cost of obtaining equivalent
goods; and
- in relation to services, the supplying of the services again or the
payment of the cost of having the services supplied again.
Copyright
Copyright in the Chemist Australia website is property of Chemist Australia.
Material on this website also comprises copyright material, trademarks
and registered trademarks which are the property of Chemist Australia
and third parties. This property may only be used for the purposes of
browsing the Chemist Australia website and acquiring goods and services
of Chemist Australia.
Applicable Law
These Terms and Conditions are governed by the laws in force in Queensland,
Australia and you irrevocably and unconditionally submit to the non-exclusive
jurisdiction of the courts of Queensland, Australia and any courts, which
may hear appeals from those courts.
Information Provided by You
If you purchase goods and services from Chemist Australia we may require
you to provide your name, address, email address, credit card number or
other details ("customer information"). We may subsequently
require further details to enable the processing of any orders that you
make. You agree to provide Chemist Australia with current, complete and
accurate customer information when asked to do so by the website or an
employee of Chemist Australia.
Product Information
Prices of goods and services and delivery and other charges displayed
on the Chemist Australia website are current at the time of display.
We take every reasonable care to ensure accuracy of all products listed.
However, we do not accept liability for any errors in pricing and description.
Pricing and stock availability is subject to change anytime without notice.
Placing and Accepting Orders
Orders will not be despatched until payment in full has been received
and Chemist Australia is satisfied with the integrity of the order.
Without limiting the operation of any other Terms and Conditions herein,
Chemist Australia is not responsible for any loss or damage caused by
late delivery or cancellation of an order or a product.
Placement of an order by you constitutes an offer to enter into an agreement
with us ("your offer"). We will email you an Order Confirmation
for the sole purpose of confirming the details of your offer. Please note
that our Order Confirmation does not constitute an acceptance of your
offer or reflect the status of your order in any way.
Cancellation by Us
We reserve the right not to provide goods or services, terminate membership
accounts, remove or edit content or cancel orders (or part thereof) at
our sole discretion at any time. Without limiting the operation of any
other Terms and Conditions herein, we will not be held liable for loss
or damage arising from the exercising of these rights.
Cancellation by You
If you need to cancel an order, please contact us immediately on 1300
365 045. Our agreement with you only comes into existence once we have
both confirmed your order and your payment has been processed. Once we
have accepted payment for an order, cancellation of the order is within
our sole discretion.
Orders that cannot be cancelled will be subject to our terms, conditions
and policies relating to Returns and Exchanges.
Delivery
It is your obligation to enter the correct delivery address details at
time of ordering. If you enter the wrong address, we are not obliged to
re-send the order to the correct address at our expense.
We will provide you with an estimated date for delivery of all parcels
and while we make every effort to deliver by this time, all dates specified
are estimates only.
Unfortunately, we are unable give a ââ?¬Ë?guaranteedââ?¬â?¢ time of delivery.
It is the responsibility of the customer to inform Chemist Australia if
an order does not arrive. Once we learn an order has not arrived by the
due date, we will lodge enquiries with the courier to ensure delivery
occurs as soon as possible. We will not be held liable for any loss or
damage resulting from late delivery.
Please note that if an item has been lost in transit, we will not despatch
a replacement item immediately. Replacement items will be despatched according
to our discretion.
Without limiting the operation of any other Terms and Conditions herein,
you agree that late delivery does not constitute a failure of our agreement,
and does not entitle you to cancellation of an order.
Without limiting the operation of any other Terms and Conditions herein,
we will not accept liability for any loss or damage arising from items
lost, stolen or damaged after delivery has taken place.
Returns and Exchanges
You or the recipient of an order may return an item that has been purchased
from Chemist Australia because you have changed your mind or are unhappy
with the product.
However, please note, this excludes cosmetic lines.
If you return goods via an Australia Post Office or a Courier, please
keep the appropriate proof of return. Otherwise, if the returned item
goes missing in transit to us, we will deem you not to have returned the
item.
It is your responsibility to ensure the goods are adequately packaged
to ensure that they are not damaged during return transit. We will not
issue a return or exchange unless the product/s are in a saleable condition
upon return.
All returned products must be:
- Unused, unopened and in original condition
- Undamaged
- Returned within 30 days of delivery
In the event of a return by you, we will exchange or refund. However, you will pay the delivery
costs of the return to Chemist Australia and re-delivery to you. We will
not refund initial delivery fees.
Goods Damaged or Faulty on Delivery
You may return damaged or faulty goods within 14 days of receipt. If a
product is later deemed to be faulty, normal warranty conditions for that
product apply. It is the recipient's responsibility to incur all costs
and to follow warranty instructions as stated on the product warranty
card as specified by the manufacturer.
In the event that you receive a defective or damaged product, we will
refund the original product price, delivery, wrapping and other fees via
the original method of payment. Alternatively, if you request a replacement,
we will despatch your replacement item (subject to availability) once
we receive the return, at our cost.
Please note that all products that are found to be non-defective will
incur the delivery costs of returning the item to Chemist Australia.
Please allow up to 14 days for refunds to be processed upon our receipt
of goods.
Promotions and Competitions
Other Terms and Conditions not listed herein and applying to Chemist Australia
promotions and competitions are incorporated into these terms and conditions.
Unless expressly stated, to the extent that the other Terms and Conditions
are not incompatible with the Terms and Conditions herein, the other Terms
and Conditions will be in addition to the terms & conditions herein.
To the extent that the other Terms and Conditions are incompatible with
the Terms and Conditions herein, the other Terms and Conditions shall
prevail.
Should you object to any of these Terms and Conditions (including any
subsequent amendments), you must immediately discontinue using this website.
Release and Indemnity
You agree to waive any and all claims that you now have or may have in
the future against Chemist Australia and Chemist Australia Associates
which relate to or are incidental to any transaction.
You agree to indemnify and hold Chemist Australia harmless from and against
any and all claims, loss or expense that may be incurred by Chemist Australia
or Chemist Australia Associates which relate to or are incidental to the
performance of its duties as described in these Terms and Conditions including
all costs of defending itself against a claim by any other person and/or
as a result of you taking any action or refraining from taking any action
or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold Chemist Australia and Chemist
Australia Associates harmless from any claim made by any third party due
to or arising out of your use of this website, the violation of these
Terms and Conditions by you, or the infringement by you, or other users
of this website, of any intellectual property or other right of any person
or entity.