Terms & Conditions
Terms & Conditions
TERMS AND CONDITIONS
These terms and conditions apply to all our services directly or indirectly made available online, through any mobile devices, by mail, or by telephone and may be amended from time to time.
- Direct Chemist Outlet Pty Ltd (directchemistoutlet.com.au hereafter called ‘Platform’) services, ownership and its operation and authority of operation is owned by Direct Chemist Outlet Pty Ltd (ABN: 76 123 831 201).
- The content and infrastructure of these pages, and the products provided on these pages and through the ‘Platform’ are owned, operated and provided by Direct Chemist Outlet Pty Ltd (“directchemistoutlet.com.au”, “us”, “we”, “our”) and are provided for your personal, non-commercial use only.
- “Product” (“products”) means the goods and service we list on the platform directchemistoutlet.com.au
- “Customers” (“you”, “customer”) in these terms and conditions means any person of 18 years or older who access the platform and/or purchase products and/or services.
- “Service” (“services”) means the online order system of directchemistoutlet.com.au.
- “Intellectual Property Rights” means any patent, copyright, inventions, database rights, registered designs, trade mark, trade name, brand, logos, service mark, know-how, utility model, unregistered design or, where relevant, any application for any such right, know-how, trade or business name, domain or other similar right or obligation whether registered or unregistered or other industrial or intellectual property right subsisting in any territory or jurisdiction in Australia.
- User and Account
- You (“you, yours”) means any person of 18 years or older who access the platform shall be responsible for the access and use the platform and any account you create on the platform and all activity related your account.
- You shall be responsible of changing, requesting (notify us by sending request to info@ directchemistoutlet.com.au) for your new password of your account.
- You shall be responsible for attempting to access the website or the account from any place or under any circumstances where such access may be illegal.
- When you register as a user or create an account on the platform, you shall be responsible for understanding all services or logistic regulations, purchase limitations, pricing policy and refund policy of the platform within the context of these terms and conditions.
- User’s Rights and Obligations.
- Your information provided to the platform shall at all times be true, accurate and not misleading. You shall understand once the online order is complete, you shall comply with the terms and conditions within the context of these terms and conditions, but not limited to
- The price of product you purchased;
- The quantity of product you purchased;
- The expiry date of product you purchased;
- Refund policy applied to your platform orders;
- The logistic policy, dispatch and receiving confirmation.
The platform shall not have and disclaims any liability and responsibility for the event of your suffered injury, disability, death, unexpected financial loss, unexpected emotional damages, abuses or spiritual loss for your consumed purchases on the platform.
- Payment shall be made by you directly to the platform via Securepay. For avoidance of doubt, other means of payment (such as cheque, money order or via “payment agencies”) cannot be processed by platform and therefore will not be accepted. You shall bear all costs as charged by the banks for the transfer of the funds. You shall check and verify your account once the order has been placed.
- When an order is made by you on the platform, you shall receive a confirmation of the order information via the platform, which shall include the time and date of the purchase, the quantity of products, name of product(s), delivery address, receiver’s full name and contact number. The platform is not responsible for the correctness and completeness of the information, including payment details and shipping address, provided by you and the platform is not responsible for the payment obligations of you relating to your purchase. For the avoidance of doubt, you shall check and verify your account and the status of the order placed.
- Complaints or claims with respect to (the product offered, promotional sales, special sales) the requests made by customers are to be dealt with by the platforms authorised customer service, without mediation by or interference of the platform. The platform is not responsible for and disclaims any liability with respect to such claims from the customers. The platform may at all times and at its sole discretion:
- Offer a product list and service to a customer.
- Provide pricing of the products and services on the platform.
- Guarantee of the order is based on the customers’ successful payment status by the customer or the person responsible for the order placed. The customer shall at all times ensure the payment of the order is successful, if you are unable or unwilling to do so, the platform may cancel the order.
- You as a customer do have the right to cancel an order, or request a refund under the platforms refund policy. You shall be responsible for understanding the refund or cancellation policy before you create an order. Therefore, once an order has been placed by you or a person who is responsible for the purchase, you shall comply with these terms and conditions and with the platforms return policy.
- Limitation of Liability
- Subject to Clause 4, and to the extent permitted by law, we exclude all implied warranties and conditions which might otherwise apply to these terms.
- Nothing in Clause 4 shall be read or applied as significant to exclude, restrict or modify, or have the effect of excluding, restricting or modifying, the application of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or any relevant State Act or Territorial Ordinance which by law cannot be excluded, restricted or modified.
Direct Chemist Outlet Returns Policy
Our returns policy is in addition to your rights under the Australian Consumer Law because we want our customers to be satisfied with their purchase. Please read the following carefully to ensure you are fully aware of your rights under this policy and our obligations to you.
Change of mind returns
If you wish to return an item because you have changed your mind about your purchase, Direct Chemist Outlet may offer you an exchange or refund provided that:
- You return the item within 14 days of purchase;
- You produce your original Direct Chemist Outlet register receipt at the time you return the item;
- The item or packaging must not have been used or damaged in any way including that:
- It is in its original packaging including manuals, pamphlets and all accessories;
- It is unopened, unused and in its original saleable condition
- The product is not one on which a change of mind return is not available (see below).
If these requirements are not satisfied Direct Chemist Outlet reserves the right not to offer an exchange or refund for change of mind returns. The shipping fee will not be refunded.
Goods on which a change of mind return is not available
Direct Chemist Outlet will not accept the return of items from the following categories under the change of mind returns policy under any circumstances:
- Medicines (Prescribed or Over the Counter)
- Baby Formula
Direct Chemist Outlet will accept product returns and provide you with an exchange, refund or repair where:
- The product is faulty or is not of acceptable quality, or
- Significantly different to those shown or described to you, or
- The product is not fit for its intended purpose, or
- The product is unsafe, and
- You produce your original Direct Chemist Outlet register receipt at the time you return the item
Direct Chemist Outlet may elect to return the product to the manufacturer to determine the nature of the problem. Direct Chemist Outlet reserves the right not to offer an exchange, refund or repair where the item fault is a result of misuse or neglect.
Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair goods. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality* and the failure does not amount to a major failure.
*Products must be of acceptable quality, that is:
- Safe, lasting, with no faults
- Look acceptable
- Do all of the things someone would normally expect them to do.
Acceptable quality takes into account what would normally be expected for the type of product and cost.
Direct Chemist Outlet reserves the right to:
Assess the condition and age of returned goods prior to providing a repair, exchange or refund. This may result in a repair, exchange or refund being refused.
- Your original Direct Chemist Outlet register receipt is the best form of proof of purchase
- Refunds will be issued using your original payment method
For Online Orders:
Even though great care is taken in the shipping process, if your item(s) arrives damaged, please contact our Customer Service Team to assess the damage and to work out a solution. You may be requested to provide a photograph of your item(s) and/or delivery package to aid a speedy resolution.
For returns under Australian Consumer Law, please contact our Customer Service Team to arrange collection of the item(s) to be delivered back to our warehouse for assessment, exchange, repair or refund.
Please remember that in most cases, orders placed are dispatched on the same or next business day. Orders that have been dispatched cannot be cancelled and will have to be posted back to us, at the expense of the customer where a full refund less postage will be provided. Returns cannot be accepted for perfumes, vitamins, food, earrings or medicine (as storage conditions may be compromised and the product could be tampered).
- Only online purchases can be returned as outlined above.
- Returns or exchanges for store purchases should be directed to the original store.
- Your approved refund will be issued in the form of the original payment.
- Fragrances, medicines (prescribed or over the counter), baby formula, earrings, vitamins and consumables cannot be returned for refund or exchange.
Effective February 2017
Direct Chemist Outlet respects your privacy
Thank you for visiting the directchemistoutlet.com.au website. Directchemistoutlet.com.au is a leading online pharmacy and retail store for pharmaceutical products, owned and operated in Australia under Direct Chemist Outlet Pty Ltd.
The owners of directchemistoutlet.com.au, its subsidiaries, related entities and affiliates ("directchemistoutlet.com.au", "we", "us", "our") respect your privacy and we are committed to comply with the Privacy Act 1988 (Cth) ("Act") and the Act's Australian Privacy Principals ("APP"). In addition, we are bound by and committed to the privacy of health records as contained in Health Legislation in every state.
Please take a moment to read this policy. By using and submitting information to us you agree to our use of your personal information ("Personal Information") in accordance with this policy. You agree that we may use all Personal Information you provide to us in accordance with this policy as amended from time to time.
What type of information does directchemistoutlet.com.au collect and how do we collect it?
We collect Personal Information given by you in order to more effectively provide services to you.
- Site Visit information
We or our agents or service providers make a record of your visit and log information such as your server address, your top level domain name (e.g.: .com, .gov, .au, .uk etc.), the date and time of your visit to this website, the pages you access and documents you download, the referring site and the type of browser used. This information is anonymous and is only used for statistical and website development purposes. No attempt will be made to identify users or their browsing activities except, in the unlikely event of an investigation, where a law enforcement agency may exercise a warrant to inspect the web server's logs.
Directchemistoutlet.com.au requires email addresses for correspondence in regard to orders placed and registration of users. We do not use these emails for commercial use without prior consent.
- Personal Information
Private or personal information is defined by the Act and is essentially information or an opinion about a person who is reasonably identifiable ("Personal Information").
The Personal Information we collect will not be supplied by us to any other party, save as in accordance with this policy or the reasonable requirement of any law or regulation.
The type of Personal Information we may collect from you includes information such as the following:
- Postal Address
- Date of Birth
- Mobile Number
- Email address
- Payment Details
If the Personal Information we request from you is not provided, it may affect our ability to provide the products and services to you.
How does directchemistoutlet.com.au use and disclose your Personal Information?
Directchemistoutlet.com.au operates its business throughout Australia.
- Disclosure as required by Law
We will only disclosure your Personal Information to persons or authorities who are authorised by law to receive your Personal Information or by authority given by you or your estate or pursuant to the terms of this policy.
- Direct Marketing
We collect Personal Information for the purpose of providing customers with marketing material and to enhance and develop our relationship with our customers. We do not sell, provide, or allow your Personal Information to be viewed by any person not engaged or employed by us without your prior consent.
Your Personal Information will only be disclosed in a manner consistent with the APP.
We may disclose your Personal Information to bodies and service providers to improve our marketing services to our customers.
We may also use Personal Information to inform you of promotions which may be of interest along with details of other products or services we provide.
If you wish to opt out of direct marketing offers or promotions, you can contact us by email on firstname.lastname@example.org, or out of respect for your privacy, we provide you a way to unsubscribe by following instructions included in each communication.
- Cross Border Disclosure
Personal Information may be disclosed to our service providers, including service providers which are located outside of Australia for the purpose of us providing services and marketing material to you.
Except in some circumstances where we may rely on an exemption under the Act or other law, we will take reasonable steps to ensure that that the privacy of your Personal Information is addressed in any service agreement with our service providers.
Where is my Personal Information stored and how secure is the storage?
Electronic Information provided to us will be stored on servers located in Australia. Physical copies of Personal Information provided may be kept in storage rooms with restricted access.
How can directchemistoulet.com.au customers ensure the accuracy and rectification in regard to their Personal Information?
When Personal Information is provided to directchemistoutlet.com.au by you, you warrant that the Personal Information given is accurate, current and complete and undertake to maintain the accuracy, currency and completeness of the Personal Information which we retain. You also warrant that you have authority to provide this Personal Information to us.
Registered customers can view and alter the Personal Information they have provided by logging in with their username and password and accessing their account information. The Personal Information we retain includes name, addresses, date of birth and past orders. Access to this Personal Information by directchemistoutlet.com.au staff can only be performed by staff members with a secure password, with access only performed when required. Access to this Personal Information is recorded by log files to track unauthorised access and modifications.
Customers wishing to access their Personal Information for the purpose of rectifying inaccuracies may also do so by written request to email@example.com. We will comply with reasonable requests to have inaccuracies corrected.
Can directchemistoutlet.com.au customers order with anonymity?
As directchemistoutlet.com.au requires a physical address to deliver parcels to and a signature on delivery, anonymity cannot be assured. Customers may use a pseudonym for the purpose of registering for marketing information only.
How can directchemistoutlet.com.au customers' Personal Information be removed from our database?
If at any stage a directchemistoutlet.com.au customer would like their Personal Information removed from our database, we require an email with the username, password and identifying information and the patients file will be deleted from our records. Please send to: firstname.lastname@example.org
How do I make a complaint?
Directchemistoutlet.com.au will use its best endeavours to ensure the privacy of your Personal Information.
If you have any questions, queries or complaints, please contact us on email@example.com or mail us at:
Direct Chemist Outlet Support Centre
6/4 Garden Road
Clayton VIC 3168
Complaints received will be taken seriously and the outcome will be relayed to you in a timely manner. If you are not satisfied with the outcome, you may contact the Office of the Australian Information Commissioner at firstname.lastname@example.org or on 1300 363 992.
Directchemistoutlet.com.au reserves the right to review and amend this policy from time to time and will notify you of any amendments by posting an updated version of the policy on this website.
VIP CARD POLICY
5. Direct Chemist Outlet VIP Card Terms & Conditions
5.1 The Direct Chemist Outlet VIP Card is issued by and remains the property of Direct Chemist Outlet Pty Ltd ABN 76 123 831 201 (Direct Chemist Outlet).
5.2 Application for, and/or use of your Direct Chemist Outlet VIP Card, is deemed acceptance of the Direct Chemist Outlet VIP Card Terms and Conditions.
6. Direct Chemist Outlet Offers and Rewards
6.1 From time to time Direct Chemist Outlet may contact members via mail and direct mail or hand out in-store coupons. These coupons will have their own terms and conditions.
7. General Conditions
7.1 You must notify the Customer Service Centre on 03 9562 0388 if your Direct Chemist Outlet Card is lost or stolen, or your personal details change.
7.2 To the extent permissible by law, Direct Chemist Outlet will not be liable for any errors, omissions delays or disruptions in the operation of the Direct Chemist Outlet VIP Card program including products purchased or redeemed, or any losses thereof.
7.3 Direct Chemist Outlet will not be responsible for any issues or errors caused by it or any third party (including third parties who may provide technology or other services to Direct Chemist Outlet).
7.4 The Direct Chemist Outlet VIP Card cannot be used as a credit or guarantee card.
7.5 Direct Chemist Outlet stores are not permitted or authorised to make any representation, warranty or statement on behalf of Direct Chemist Outlet stores in relation to the Direct Chemist Outlet VIP Card program. As such, Direct Chemist Outlet accepts no liability in respect of any representation, warranty or statement made by any Direct Chemist Outlet or Direct Chemist Outlet store member.
7.6 Third parties who may be involved in the program do not have any authority, express or implied, to make any representation, warranty or statement on behalf of Direct Chemist Outlet and Direct Chemist Outlet accepts no liability in respect of such representations, warranties or statements.
7.7 Direct Chemist Outlet reserves the right to accept or reject any application for a Direct Chemist Outlet VIP Card at its sole discretion.
7.8 Direct Chemist Outlet reserves the right to, at its discretion, suspend or terminate a Direct Chemist Outlet VIP Card membership for reasons including, but not limited to, a breach of these Terms and Conditions, any engagement in or suspicion of fraudulent conduct or improper use of the card.
7.9 If a Direct Chemist Outlet VIP Card membership is terminated, the member will not be eligible to receive any vouchers or other rewards.
7.10 Direct Chemist Outlet reserves the right to suspend, vary, alter or amend all or any part of these Terms and Conditions, or terminate the Direct Chemist Outlet VIP Card program at any time.
7.11 All members of the Direct Chemist Outlet VIP Card program must reside in Australia. For members under the age of 18 years, permission from your parent or guardian must be obtained before joining the Direct Chemist Outlet VIP Card program.
8. Direct Chemist Outlet
8.1 The promoter of the Direct Chemist Outlet VIP Card is Direct Chemist Outlet. Direct Chemist Outlet Pty Ltd ABN 76 123 831 201 is located at Unit 6/4 Garden Road, Clayton, VIC 3168.
Effective February 2018
‘Win 10k For Your Dream Holiday’
TERMS AND CONDITIONS OF ENTRY
Who can enter?
Entry is only available to residents of Australia who are aged 18 years or older living in South Australia, Victoria, New South Wales OR Queensland.
How to Enter
1. Entrants must spend $49 or more on hair care, cosmetics or skincare in one transaction in-store at Direct Chemist Outlet between 10/05/18 – 24/05/18 inclusive AND
2. Register for the Direct Chemist Outlet VIP Card.
3. The competition ends 11:59pm AEST Thursday 24th May 2018.
4. Winner drawn Monday 23rd July 2018 and announced on the Direct Chemist Outlet website (https://www.directchemistoutlet.com.au/home), Facebook Page (https://www.facebook.com/directchemistoutlet) & Instagram (@directchemistoutlet).
The prize is a $10,000 Flight Centre Gift Card.
- Any information on how to enter this competition and prizes received by the winners of this competition form part of these Terms and Conditions. Participation in the competition is deemed acceptance of these Terms and Conditions.
- Entry is open to all Australian residents aged 18 years and over living in South Australia, Victoria, New South Wales OR Queensland. Employees and Directors (and their immediate families) of the Promoter or of a Direct Chemist Outlet store or other agencies or companies associated with the competition are ineligible to enter the competition.
- The competition commences on 10/05/18 at 12:00am AEST and closes on 24/05/18 at 11:59pm AEST.
- There is one $10,000 (AUD) Flight Centre Gift Card to be won over the period of the competition.
- The $10,000 Flight Centre Gift Card is offered by Direct Chemist Outlet Pty Ltd.
- The $10,000 Flight Centre Gift Card cannot be redeemed or exchanged for cash and is subject to the Flight Centre Terms & Conditions.
- The $10,000 Flight Centre Gift Card must be used by the Expiry Date, after this time any remaining funds on the Flight Centre Gift Card will be void.
- All bookings are subject to availability at the time of booking and all applicable booking terms and conditions of Flight Centre.
- The $10,000 Flight Centre Gift Card will not be reinstated, refunded or replaced.
- The $10,000 Flight Centre Gift Card is not transferable, exchangeable, replaceable or refundable for cash or credit and can only be used as specified.
- Incomplete, indecipherable or illegible entries will be deemed invalid.
- If for any reason the prize is no longer available, an alternative prize will be provided. The Promoter, in its sole discretion, reserves the right to substitute the prize or a part of the prize with a prize equal to the value and/or specification, subject to any written directions from a regulatory authority. The prize, or any portion or a prize, is not transferable or exchangeable.
- The Promoter reserves the right to verify the validity of entries and to disqualify any entry which, in the opinion of Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms & Conditions of Entry or who has, in the opinion of Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. The Promoter reserves the right to disqualify a user if the Promoter becomes aware that the user and/or the user's entry is of a type described in this clause.
- The Promoter also reserves the right, at any time, to verify the validity of entrants (including an entrant's identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors or omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- The winner will be drawn on the 23/07/18 at 2:00pm AEST at Direct Chemist Outlet Pty Ltd, Unit 6/4 Garden Road, Clayton VIC 3168, at random from the collated entry box by a member of the Direct Chemist Outlet Support Centre Team from the successful entries entered during the promotional period. The winner will be announced on the Direct Chemist Outlet Support Centre Facebook page, Instagram and Website on 23/07/18 and the winner will be notified via email. The Promoter’s decision is final and no correspondence will be entered into.
- Notification and claiming the Prize. Following the Prize draw, the winner will be notified using the contact details provided by the Entrant. The winning Entrant has 1 week from the time and date of the notification being sent to respond, provide proof of eligibility and claim the Prize. If the Prize is not claimed by the winning Entrant within this time frame, the Prize will be redrawn and any previous winners will forgo all claims to the Prize.
- If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion to determine the identity of the entrant.
- As a condition of entering into this promotion, each entrant agrees to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoter. Each entrant warrants to the Promoter that each entry submitted is an original literary work of the entrant that does not infringe the rights of any third party. The entrant agrees to indemnify the Promoter against all costs and claims by third parties arising from a breach of this warranty. Entrants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).
- Entrants consent to the Promoter using the entrant's name, likeness, image and/or voice in the event they are a user (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
- If this competition is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the competition, as appropriate.
- Any cost associated with accessing the promotional website and/or email address is the entrant's responsibility and is dependent on the Internet service provider used.
- As a condition of accepting the prize, the users (and any companion/s) may be asked to sign any legal documentation as and in the form required by the Promoter / Prize Supplier / organisers in their absolute discretion including but not limited to a legal release and indemnity form.
- Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury or death, or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter's control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a user or entrant; (f) the acceptance or use of a prize; (g) any act or omission of the Promoter or its associated agencies or (g) any other reason arising in any way out of or in connection with the competition.
- Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia.
- Direct Chemist Outlet Pty Ltd collects claimants’/entrants’ personal information in order to conduct the promotion. A condition of entry into this competition is to register for the Direct Chemist Outlet VIP Card, and entrants may be contacted with promotional material from time to time. If the information requested is not provided, the claimant/entrant may not be able to participate in the promotion. Direct Chemist Outlet Pty Ltd will not disclose this information to anyone other than contractors who provide services to Direct Chemist Outlet Pty Ltd for the purposes of conducting this promotion unless compelled or permitted by law. Entrants’ personal information may be disclosed to State and Territory lottery departments and winners’ names published as required under the relevant lottery legislation. As per the relevant Privacy Legislation, a request to access, update or correct any information should be directed to Direct Chemist Outlet Pty Ltd.
- The Promoter is Direct Chemist Outlet Pty Ltd ABN 76 123 831 201. Direct Chemist Outlet Pty Ltd is located at Unit 6, 4 Garden Road, Clayton, VIC, Australia, 3168 ph. 03 9562 0388.
- The laws of Australia apply to this competition to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
- This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook. As a condition of entering into this promotion, each entrant agrees to completely release Instagram and/or Facebook from any liability or obligation in association with this competition.
- Direct Chemist Outlet reserves the right to change these terms and conditions without notice and at any stage during the promotion.