Terms and Conditions

terms and conditions

1. Introduction

1.1 Welcome

Welcome to shop.nationalpharmacies.com.au This website is owned and maintained by Friendly Society Medical Association Ltd trading as National Pharmacies (ABN 69 088 347 602) (National Pharmacies, we, us our). National Pharmacies is a well-known and highly respected South Australian based organisation, which has been caring for the health of the community since 1911.  We are a mutual organisation where profits made through our operations are returned to our members in the form of benefits and discounts.

shop.nationalpharmacies.com.au (Site) is a private and convenient online pharmacy to assist members and customers with their pharmaceutical and general health care needs, via a convenient, accessible and easy to use online shopping site, 24 hours a day, 7 days a week.

In order for our customers (you, your) to have a secure, and enjoyable shopping experience, the following terms and conditions have been established to govern the use of the Site. By using the Site, you acknowledge and agree with these terms and conditions. National Pharmacies reserves the right to review and amend these terms and conditions at any time. The usage of the Site after any modifications of these terms and conditions will mean that you agree with all changes.

IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS THAT CANNOT BE EXCLUDED.

Where the provisions of any consumer protection law, or any mandatory legislation that cannot legally be excluded applies, these terms will be read subject to the application of that legislation, and in the case of any conflict, the provisions of that legislation will apply.

1.2 Limitation of Liability

National Pharmacies, its directors, employees, agents, contractors and related bodies corporate, will not be liable to any person in respect of any loss or damage (including consequential and special loss or damage and any loss of profits) which may be suffered or incurred or which may arise directly or indirectly from or in connection with: (i) any use of this Site or any information accessed on this Site; or (ii) any products or services purchased or obtained from this  Site; or (iii) any transaction entered into through this Site, whether or not the loss or damage was as a result of error or misrepresentation, negligent act or omission, or any other cause whatsoever.

If any consumer protection or other law prohibits the exclusion of such liability, National Pharmacies limits its liability to the extent permitted by the law to at its option: (i) if the breach relates to products supplied by National Pharmacies: the replacement of the products or the supply of equivalent products; or the repair of such products; or the payment of the cost of replacing the products or of acquiring equivalent products; or the payment of the cost of having the products repaired; or (ii) if the breach relates to services supplied by National Pharmacies: the supplying of the services again; or the payment of the cost of having the services supplied again; or (iii) if the breach relates to the supply of information, to the re-supply of that information. In no case shall National Pharmacies’ liability exceed the cost of the relevant original order.

1.3 No Warranties

You acknowledge that: (i) National Pharmacies gives no warranties as to, and does not vet, authorise or endorse the accuracy, currency, suitability or completeness of any information contained on or accessed through this Site (Information); (ii) National Pharmacies takes no responsibility for the currency, accuracy or completeness of the Information, or for programming bugs or computer viruses, faults or errors in this Site or the Information; (iii) National Pharmacies does not warrant or represent that: any message posted, uploaded or otherwise transmitted to or from this Site has not been altered in transmission; any message posted, uploaded or otherwise transmitted to or from this web site will be received by the intended recipient; or any information (including any file) downloaded or otherwise transmitted to you from this Site is free from viruses, faults or errors; (iv) although National Pharmacies will try to ensure that this Site is accessible to users, it does not warrant that users or potential users will have continuous access to the  Site. National Pharmacies will not be liable if this Site is unavailable to users or potential users due to: any events caused by National Pharmacies, whether negligent or not; or any events beyond the control of National Pharmacies, including but not limited to, server downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities, or any other reason whatsoever.

1.4 Copyright

Unless otherwise provided, all copyright and trade marks in the material on the Site, including design, images, unique product descriptions, content, logos and icons, are owned by or licensed to National Pharmacies. The selection and arrangement of the above is also subject to applicable copyright laws. No part of this Site may be modified or reproduced by any process without the specific written permission of National Pharmacies.

2. Store Usage

2.1 Access to the eStore

By using the Site and agreeing to these terms and conditions you warrant and represent that you are at least 18 years old and that you have the legal capacity to enter into a legally binding contract. You warrant that the information you provide on this Site is:

– correct, complete and current; and

– not misleading or deceptive or likely to mislead or deceive.

You will maintain secrecy and confidentiality of all username and password information required by you to access your customer account and you will immediately notify National Pharmacies if your password has been lost, stolen or compromised in any way; and you will not impersonate any other person or allow any other person to impersonate you or make use of your username, password or your membership details.

2.2 Responsible Use

You agree that you will comply with all applicable laws in relation to any transactions entered into on the Site; you will not impede the use of the Site by any person.

You must not use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer viruses or any malicious computer software.

2.3 Territory

The Site operates in Australia only. No overseas delivery service is available.

2.4 Breaches of Terms and Conditions

If you breach these terms and conditions, National Pharmacies may take any action that it deems to be appropriate to deal with the breach, without notice or explanation to you. Such action may include:
– restricting your access to the Site;

– disabling you log in and password;

– contacting your internet service provider to request they block your access to the Site; and

– commencing legal proceedings against you.

2.5 Prices, Payment and Title

To obtain member pricing you must be a current financial member of National Pharmacies.

National Pharmacies’ available payment methods will be presented at the time of purchase. National Pharmacies retains title in the products purchased until it receives payment in full. Although we do our best to ensure prices stated on the Site are accurate, errors do occur from time to time. Where a pricing error occurs (subject to applicable law that cannot be excluded), we will not be bound by the incorrect pricing stated, and reserve the right to cancel your purchase.

2.6 Linked Sites

This Site may contain links to other websites operated by third parties. National Pharmacies is not liable for those sites or any content or information such sites contain.

3. Membership Benefits

Only current financial National Pharmacies members are entitled for benefits. In order to obtain member benefits you must provide valid membership number and ensure that your name is typed in exactly as on your membership card. If you’d like to join as a member please click here: Become a Member

If you are not sure what is your current membership status please contact Membership Services on 1300 66 76 76.

4. Product Range

National Pharmacies aims to ensure that a wide range of best selling products is available for purchase through the Site, however, the range may be limited and will exclude products that:
– are temperature sensitive;

– have a short expiry period;

– are too fragile;

– require the professional assistance of the pharmacist due to PBS requirements; and

– are restricted for delivery by Australian Dangerous Goods Code or other relevant laws.

5. Limited quantities

National Pharmacies reserves the right to limit quantities of the products that can be purchased online in its sole discretion without notice or explanation. National Pharmacies reserves the right not to despatch products in numbers that could be used for commercial purposes. Any commercial sized quantities should be requested via email to weborder@fsma.com.au.

Under Australian law, medicines that are regulated under the Therapeutic Goods Act 1989 (Cth) or related legislation or regulations may only be purchased in limited quantities. These limits are in-built within the Site, and you will be prevented from purchasing quantities of such medicines beyond the prescribed limit.

6. Shipping

The current delivery fee for each order is set at AU$9.99 per delivery Australia-wide.

National Pharmacies uses eParcel services provided by Australia Post and therefore transfers responsibility for delivery to the Australia Post from the point in time when the order is collected from National Pharmacies by Australia Post. National Pharmacies does not take any responsibility for any delay in delivery caused by any acts or omissions of Australia Post. National Pharmacies also does not take responsibility for any loss of, or damage to, any products that occurs shipping.

7. Refunds and Replacements

National Pharmacies will comply with its obligations under any applicable consumer protection legislation that cannot be excluded. Subject to any such applicable laws, refunds or replacement products or services will be given at the discretion of National Pharmacies.

National Pharmacies will also provide a pre-paid address to which products can be returned for refund or replacement. If you:

– return a product directly to a physical store for refund or return; or

– send any product for refund to any known National Pharmacies address,

National Pharmacies will not be liable and has no responsibility for any costs or expenses incurred in you undertaking such action.

National Pharmacies will not provide a refund if you have simply changed your mind or have found better prices for the same products elsewhere.

8. Customer Support

For any queries in relation to our online services, please contact us via weborder@fsma.com.au, alternatively please contact 1300 650 430 between the hours of Monday – Friday 8:30am – 5:00pm.

9. Privacy Statement

National Pharmacies is bound by the Australian Privacy Principles set out in the Privacy Act 1988 (Cth).

To view our Privacy Statement, please click here.

We welcome your feedback. If you have any questions or comments about our privacy policy, feel free to email National Pharmacies at weborder@fsma.com.au.