Terms and Conditions
Prices, Specification, and Services are subject to change without prior notice. Technical Specifications and Features are for guidance only and cannot be guaranteed accurate. Every care has been taken to provide accurate details on this web site, however, minor discrepancies may appear.
Any and all information provided on this site is for informational purposes only. We do not claim to be healthcare professionals or medical practitioners. We are retailers that sell quit smoking aid products. Do not use this information for diagnosing yourself or treating your condition. Read all the product information carefully before making a purchase. If you suspect a problem when consuming a product please consult your medical health care professional. Quit Smoking Direct is not responsible.
Limitation of Liability
In no event shall Quit Smoking Direct (and from this point on, Pharmacywebmart Limited, Quit Smoking Direct is owned by Pharmacywebmart Limited or our agents, directors, employees or suppliers be liable for lost profits or any special, incidental or consequential damages, arising out of or in connection with the use or performance of information, the provision of or failure to provide services or products, or material available from the site.
To the extent that we or our agents, directors, employees, or suppliers are found liable for any loss or damage whatsoever in connection with the use of the information or services or products on this site, such liability will be limited to the actual cost to us of the services or products provided.
Terms and Conditions
Pharmacywebmart Limited provides services to you subject to the following notices, terms, and conditions. In addition, when you use any of our services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service.
Terms and Conditions of Sale:
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:- "Products" means any products forming the subject matter of this Contract. "Contract" means a contract for the sale by us to you of the Products. "Price" means the price for the Products, and includes GST (where applicable) and shipping costs but excludes any local payments for Customs or Duty. "Site" means the Pharmacywebmart Limited and all affiliated Internet web sites. "Nominated Payment Authority" means Visa, MasterCard or American Express.
Introduction to the Site
- This Site is owned and operated by Pharmacywebmart Limited, a New Zealand Registered Company. By using this Site, you agree to these Terms and Conditions. If you disagree with any of these terms and conditions, you should not access or use this Site.
- Our legal business name is Pharmacywebmart Limited.
- We shall sell and you shall purchase the Products from this Site in accordance with these Terms and Conditions only. You acknowledge that you are aware of the contents of these Terms and Conditions.
Orders, Price and Payment
- You must order the Products in accordance with the instructions on this Site.
- You will pay for the Products by authorizing us to charge any one of your Nominated Payment Authorities.
- All payments for the Products are payable in the currency displayed when an order is placed.
- The price for the Products shall be the price quoted on our Site at the time of making your order.
- Our prices do not include any import fees, duties, tariffs or other charges associated with importing the Products to any Country other than New Zealand.
- If you elect to pay by check, your order will not be processed and the Products will not be dispatched until such time as your check has cleared.
- You must pay us for the purchase of the Products in full by authorizing us to charge your Nominated Payment Authority on the date which we dispatch the Products to you from our premises.
- The name 'QuitSmokingDirect.com' will appear on cardholder statements for any transactions through this website.
- We may revise and/or discontinue Products at any time without notice.
Title and Risk
- Orders are not binding upon Pharmacywebmart Limited or its Franchisees or Agents until accepted by Pharmacywebmart Limited or its Franchisees or Agents. Should Pharmacywebmart Limited not accept your order, no charge will be made to your Nominated Payment Authority.
- We remain the owners of the Products we supply to you until you have paid in full all amounts that you owe to us for all the Products.
- Products are at your risk as soon as they have been delivered to you.
Freight and Delivery
- We will at our own cost, freight the Products to you by whatever method and route we consider to be the most expedient.
- If we have specified delivery date or method, we will try and deliver the Products to you by that date and method. However, (a) We will be entitled to deliver the Products to you after the stated delivery date or cancel the contract without being liable to you in any way if the delay in delivery is in respect of causes outside our control or we or our delivery contractors are unable to deliver the Products to you; (b) We may deliver the Products to you by instalments in any quantities and each delivery will be a separate contract independent from the other deliveries.
- Pharmacywebmart Limited will freight products at our own cost on a one-way basis only, from New Zealand to the Customer. Pharmacywebmart Limited is not responsible for costs associated with return shipping to New Zealand, and re-sending, in the case of Customer order errors for example.
- In the case of misplaced/lost orders, Pharmacywebmart Limited must be advised in the maximum time window of three months from order date. This is due to insurance requirements.
- Pharmacywebmart Limited uses a Postal input system that migrates across addresses Customers directly input into our Content Management System. Pharmacywebmart Limited is therefore not responsible for delivery issues related to Customers inputting incorrect addresses.
Unfortunately, we do not ship products to the following regions, for example:
- Some parts of Asia
- South America
- Middle East
- Pharmacywebmart Limited may expand this list without notice.
- Pharmacywebmart Limited will not refund the value of goods if all reasonable attempts have been made to secure a customer signature, and have failed.
Return of Products
You may return Products to us in one of the following situations:
- Where nothing is wrong with the Products and you have simply chosen to return the products because, for example, you have changed your mind. In this situation, you have 30 days from the date of the dispatch of the product to return the Products back to us. We may at our option, either: (i) credit your Nominated Payment Authority with an amount equal to the cost of the Products (excluding any handling and freight costs); or (ii) provide you with a Credit Note for a sum equal to the cost of the Products (including handling and freight). All Products returned in accordance with this clause must be returned in their original condition and box/packaging, along with any accompanying accessories and Warranty Card if supplied.
- Where the Products are damaged in transit. In this situation, you must immediately advise the delivery organization and Pharmacywebmart Limited that the goods are damaged. You must retain all packaging material for 60 days. Upon receipt of the damaged goods, we will either: (a) replace the Products; or (b) give you a full refund on your Nominated Payment Authority; or (c) credit your Pharmacywebmart Limited Account. You must cooperate with all inquiries and claims we or any delivery organization may make in connection with any compensation for any damage whilst in transit.
- Where products are faulty on arrival you should contact us immediately to arrange the return of the faulty item.
- All Products must be returned in their original condition and packaging, along with any accompanying accessories and any Warranty together with the invoice and/or packing slip. You are responsible for the safe and secure return of Products. Wrap the Product and all accessories in the original box and appropriate packing and send it to us by a secure delivery method or, together with the invoice which accompanied the Product to: Pharmacywebmart Limited, 3 Glenside Crescent, Eden Terrace, Auckland 1010, New Zealand, Attn: Mark Grocott
You must also provide us with the following information:
- The reason for the return of the Product which must be one of the following:
- your choice.
- the Product received is not that which you ordered.
- the Products are faulty or damaged on delivery.
- If you have any problems regarding your order - you may contact us (citing your order number).
- Proof of posting is not proof of receipt and we suggest you return Products by the same delivery method by which you received them.
Warranty and Guarantees
- Subject to the specific terms of these Terms and Conditions we guarantee: (a) The safety of your Credit Card; (b) That every transaction you make with Pharmacywebmart Limited will be safe. (c) That you can cancel the transaction at any point if unhappy with goods (d) Your privacy in respect of any transactions that you enter into with Pharmacywebmart Limited.
- Everything that we sell to you is guaranteed on the following terms: (a) Where the Consumer Guarantees Act 1993 applies to this contract: (i) If the Products are acquired by you for business purposes, you agree that the Consumer Guarantees act 1993 does not apply; and (ii) If the Products are not acquired by you for business purposes, we reserve the right to repair or replace any Products which fail to comply with any guarantee contained in the Consumer Guarantees Act 1993. (b) Where you supply the Products in trade to a person acquiring them for business purposes, it must be a term of your contract with that person that the Consumer Guarantees Act 1993 does not apply in respect of the Products. (c) You acknowledge that we do not provide any Express Guarantees (as defined in the Consumer Guarantees Act 1993) other than those expressly confirmed by us in writing.
- Nothing in these Terms and Conditions are intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, and these Terms and Conditions are to be modified to the extent necessary to give effect to that intention.
- We shall not be liable to you for any damage or loss of Products due to external causes, including Government Customs issues, accident, abuse, misuse, usage not in accordance with Product instructions, failure to perform required preventive maintenance, and problems caused by use of supplied parts and components not supplied by us.
- Notwithstanding anything else contained in these Terms and Conditions, we shall not be liable to the you for loss of profits or contracts or any indirect or consequential loss arising from negligence, breach of contract or howsoever.
- Any product information or advice on this site is provided for informational purposes only and should not be used as a substitute for the advice provided by your own medical practitioners. You should not use the information contained here for diagnosing or treating a health problem or disease. You should read all product information carefully before purchasing and if you suspect you have a medical problem, promptly consult your health-care professional. We will not be liable for any damages, losses or liabilities, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. We will not be liable for any damages, loss or injury, including, but not limited to special or consequential damages that result from the use of or the inability to use, the materials in this Site.
- Nothing in this Site is to be construed as a recommendation to use any Product.
Restrictions on Use
- Material from this Site and other Sites owned, operated, licensed or controlled by us or any of our related, affiliated, or subsidiary companies may not be copied, reproduced, distributed, modified, published, uploaded, posted, or transmitted in any way, without our prior written consent.
- Modification, distribution, or use of the material contained in our Site for any purposes other than for your personal use directly violates our intellectual property rights. The material contained within this site is copyrighted and protected by worldwide copyright laws and treaty provisions, and is provided for lawful purposes only.
- Unless otherwise specified all materials appearing on this site, including the text, site design, logos, graphics, icons and images, as well as a selection, assembly and arrangement (collectively defined as the "Marks") thereof, are proprietary to Pharmacywebmart Limited copyright © 2013 ALL RIGHTS RESERVED or other respective owners that have granted Pharmacywebmart Limited the right and license to use such Marks. All software used on the Site is our sole property. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with Pharmacywebmart Limited or using this site as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of Pharmacywebmart Limited is strictly prohibited. You may use the content of this Site only for the purposes of shopping on this Site, or placing an order and for no other purpose. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
- Pharmacywebmart Limited respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Pharmacywebmart Limited on email@example.com
- Although the information provided in this Site is presented in good faith and believed to be correct as of the date it was submitted, we make no warranties or representations about the accuracy or completeness of this Site, its content or the content of any Web Site "hyper linked" to or from this Site. We reserve the right, but make no binding commitment, to update or correct the terms and conditions and information contained in this Site at any time, without notice.
- Except as otherwise described, all materials in this Site are made available only to provide information about this Site, and Products and services to be supplied on the Site. This Site is controlled and operated by us, from offices within New Zealand. We make no representation that the materials in this Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited.
- If you choose to access this Site from other locations, you do so at your own initiative and you are responsible for compliance with applicable local laws.
- You may not use or export the materials in this Site in violation of New Zealand laws and regulations.
- You acknowledge that Products licensed or sold hereunder are subject to the export control laws and regulations of New Zealand.
- In connection with the supply of Products and services pursuant to this Site, we use a substantial number of other trademarks and service marks on this Site. These trademarks and service marks may not be used or reproduced without our prior written permission.
- Nothing in these Terms and Conditions shall affect the statutory rights of you dealing with us as a consumer under the Consumer Guarantees Act.
- Save that we can at any time assign the Contract to any affiliate; neither party shall assign or otherwise transfer the Contract or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of the other.
- If any provision of these Terms and Conditions are held by any competent authority to be invalid or unenforceable in whole or in party, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
- The headings to the clauses of these Terms and Conditions are for ease of reference only and shall not affect the interpretation or construction of these Terms and Conditions.
- This Agreement shall be governed by and construed in accordance with the laws of New Zealand and shall be subject to the exclusive jurisdiction of the New Zealand Courts.
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