Terms and Conditions Applicable to use of My Skin Pharmacy Website

Thank you for visiting the https://www.myskinpharmacy.com.au/  web site (Website) and the purchase of products (Products) advertised on or available through the Website is subject to the following terms and conditions (Terms). You should read these Terms thoroughly before using the Website and online store and/or before ordering any Products from the Website. Your usage of the Website indicates your acceptance of these Terms. Your placement of an order also indicates acceptance of these Terms.

The Website is designed to provide a convenient, private and informative retail experience for consumers to purchase products vital for maintenance of good health and preventing future illness. Professional advice is required for each medical condition, illness, disease, infection or injury and for dosages of pharmaceutical products supplied via this Website. The information contained on this Website or any product packaging is not intended nor implied to be a substitute for professional medical advice. Always seek the advice of your pharmacist, general practitioner, other medical practitioner or qualified health provider before starting any new medical treatment, continuing any medical treatment or with any questions you may have regarding yours or any other party’s medical condition. NOTHING CONTAINED IN THE SERVICE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT.

TERMS OF SALE

The Website offers an easy and convenient method of ordering pharmaceutical and\or cosmeceutical products online, along with a wealth of health-related information. It is intended for each visitor to have a safe and pleasing retail experience. By using the Website you agree to be found by the following terms and conditions. Your usage of the Website implies your acceptance of these terms and conditions and your placement of an order also implies your acceptance of these terms and conditions.

Any order placed by you on the Website, is subject to these terms and conditions, an offer to buy the particular Product for the price (including the delivery and other charges and taxes) specified on the Website at the time you place your order.

All orders are subject to Product availability and confirmation of the order price. After receiving payment, you will receive an order confirmation via email. 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. MY SKIN PHARMACY reserves the right at any time after receipt of your order to accept or decline your order for any reason. MY SKIN PHARMACY reserves the right at any time after receipt of your order, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.

Subject to the Australian Consumer Law, orders may not be cancelled without our written consent which may be withheld in our sole discretion.

Products are only available for sale to persons aged 18 years or older. By placing an order for any Product you warrant to MY SKIN PHARMACY 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. You also agree to indemnify and hold MY SKINPHARMACY, and our directors, 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 content you submit, post to or transmit through the Website, your use of the Website, your connection to the Website, your violation of the terms, or your violation of any rights of another.

INFORMATION DISCLAIMER

All information supplied has NO WARRANTY whatsoever.  MY SKIN PHARMACY gives no warranty about, and disclaims all liability to you in respect of, the Website or any Products advertised or purchased through the Website. My Skin Pharmacy does not warrant that information displayed on the Website, including pricing and product information, is accurate, correct or complete. Product manufacturers may provide an express warranty with their Products. In the event of faulty Products, My Skin Pharmacy may direct you to the relevant manufacturer’s warranty claim procedure. To avoid doubt, all implied conditions, warranties and guarantees are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

INTELLECTUAL PROPERTY

This Website is owned and operated by MY SKIN PHARMACY. Unless otherwise specified, all material appearing on the Website and subsisting under it (including the text, site design, logos, graphics, icons and images, photographs, graphics, typefaces and other material), as well as the selection, assembly and arrangement thereof is protected by intellectual property laws.

All audio and video clips are the sole property of MY SKIN PHARMACY or their respective content providers. All software used on the site is the sole property of MY SKIN PHARMACY or those supplying the software. You acknowledge that the Website contains Content, audio and video clips and software that are protected by copyrights, trademarks, or other intellectual property rights, and that these rights are valid and maybe protected in all forms, media and technologies which exist now or are developed in the future. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without MY SKIN PHARMACY’s prior written permission. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. All other trademarks not owned by MY SKIN PHARMACY that appear on this Website are the property of their respective owners.

LIMITATION OF LIABILITY FOR PRODUCTS SOLD

Nothing in these terms and conditions is intended to exclude or limit MY SKIN PHARMACY’s obligations or liability to you which may not be excluded or limited by law, including statutory guarantees and obligations implied by the Australian Consumer Law or the Australian Competition and Consumer Act. (FOUND AT:WWW.ACCC.GOV.AU)

If MY SKIN PHARMACY incurs any liability to you under or as a result of any such non-excludable provisions, then MY SKIN PHARMACY’s liability is limited to one of the following:

  1. The replacement of the relevant Products or the supply of equivalent Products;
  2. The repair of the relevant Products;
  3. The payment of the costs of replacing the relevant Products, or acquiring equivalent Products; OR
  4. The payment of the costs of having the relevant Products repaired.

YOUR ACCOUNT OBLIGATIONS

In consideration of your use of the Site, you agree to:

  • provide true, accurate, current and complete information about yourself as prompted and;
  • maintain and promptly update your 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 also 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. 

MY SKIN PHARMACY considers all information provided 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 of products or special offers that may be of interest to you.

PAYMENT METHODS

Credit Cards:  MY SKIN PHARMACY accepts all major credit cards including Visa and MasterCard and American Express. There is no surcharge for Visa or Mastercard or American Express transactions with MY SKIN PHARMACY. Please ensure 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. Your credit card will be billed as soon as your order is placed. This is done to protect the security of your credit card details, as we do not store your card details at any point. If 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 at least 5 business days to appear on your statement.

YOUR CONDUCT

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use of the Website, or access to the Website. You agree not to access the Website by any means other than through the interface that is provided by us for use in accessing the Website.

OUR RIGHTS

MY SKIN PHARMACY may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind:

  • to satisfy any law, regulation, or government request.
  • if such disclosure is necessary or appropriate to operate the Website; or
  • to protect our rights or property or the rights of the other users, our directors, employees, representatives, sponsors, or third-party providers. We are not responsible for screening, policing, editing, or monitoring such Content.

MY SKIN PHARMACY may terminate your access, or suspend your access to all or part of the Website, without notice, for any conduct that we, in our discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, merchant, sponsor, service provider, or us.

TYPOGRAPHICAL ERRORS

If a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, MY SKIN PHARMACY shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.  MY SKIN PHARMACY shall have the right to refuse or cancel any such orders whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled MS SKIN PHARMACY shall immediately issue a credit to your credit card account in the amount of the incorrect price.

APPLICABLE LAW

As far as legally possible this Agreement, its terms and conditions and the Use of this Website shall be governed by the laws in existence from time to time in Australia. Any claim relating to the Website, the services provided through the Website 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 or another Australian jurisdiction.

TERMINATION

These terms are effective even if this agreement is terminated by either party. 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 Website with or without notice. You agree that any termination of your access to the Website may be effected 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 Website. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

DELIVERIES

Products will be sold to the customer at the fixed price paid by the customer at the time of the first order. Customers may cancel or pause an order (in whole or in part) at any time, up to the shipment date. To cancel, suspend or pause an order, please email: [email protected]
If MY SKIN PHARMACY does not have enough stock to fill an order, the customer will be notified and given the option to either choose to wait for the product to be restocked or cancel the order. Where a product is discontinued the customer will be given the option to select a suitable replacement product or cancel the order.
All Products, whether prescription or non-prescription items, are at your own risk from the time of delivery to your delivery address. You are responsible for any loss, damage or deterioration to the Products after the time of delivery.

LIMITED PURCHASE QUANTITIES AND FREQUENCY

MY SKIN PHARMACY reserves the right to monitor and limit the purchase amounts and/or purchase frequency of products at its sole discretion. MY SKIN PHARMACY reserves the right to restrict sales to a non-commercial level at its sole discretion. In such cases MY SKIN PHARMACY will reduce product(s) and/or order frequency to what MY SKIN PHARMACY considers a non-commercial supply. Any commercial supplies can be by-request via email to: [email protected]

INTERNATIONAL DESTINATION RESTRICTIONS & LIABILITY

MY SKIN PHARMACY consistently monitors all international orders and inspects all packages before leaving our premises to ensure that all items ordered by customers are included in each order and that each order is safely packed for International shipping. However, MY SKIN PHARMACY has no control over International Customs or International Postal Operations and as such, will take no responsibility for damaged items or items claimed to be missing.

MY SKIN PHARMACY reserves the right to restrict parcels where the destination country is; at its sole discretion and is not responsible for the loss of any orders due to untraceable consignments numbers. 

MY SKIN PHARMACY is not liable for any cost that may be incurred due to customs tax or delivery tax and holds no liability to any orders that are detained by any country’s customs. This may also affect delivery times and MY SKIN PHARMACY holds no responsibility on the order being delivered within a certain timeframe or cost. And MY SKIN PHARMACY cannot guarantee the quality of any consumable products delivered due to extended shipping times and weather and hold no liability on replacing/refunded them. 

MY SKIN PHARMACY will refund the exact amount of a cancelled order in Australian Dollars, however for international orders – the currency at the time will dictate how much will be deposited back into your account.  MY SKIN PHARMACY is not liable for any discrepancy of currency at the time of the refund. 

MY SKIN PHARMACY is keen to offer the best of our healthcare to everyone, regardless of where they may reside. However, we are not experts in understanding customs, taxation and importation laws of all the wonderful and varied countries in which our customers live. As such by agreeing to purchase the goods in your basket today, you accept that MY SKIN PHARMACY is only responsible for the picking, packing and dispatching of your goods to you. If for any reason, be it taxes, custom law, duties or any other reasons whatsoever your parcel does not make it to your door and MY SKINPHARMACY has picked, packed and dispatched the goods you have ordered, whilst we regret the non-delivery,  MY SKIN PHARMACY is unable to refund your payment.