Astrid Dispensary Website and Order Terms and Conditions
- These Terms govern the supply of any products ordered by you on the Site and your use of the Site. By browsing, accessing, using the Site or ordering a product (‘Order’), you agree to be legally bound by these Terms. We may change these Terms at any time, and the revised Terms will be made available on our Site. By continuing to use the Site you agree to be bound by such revised Terms.
- In this Agreement;
“Agreement” has the meaning in clause 1.2;
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth);
“Business Day” means 9:00am – 5:00pm Monday to Friday, excluding Saturdays, Sundays and public holidays in Victoria, Australia;
“Consumer Guarantee” has the meaning given in Division 1 of Part 3-2 of the Australian Consumer Law;
“Content” means all material appearing on this Site, 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 subject to applicable copyright laws.
“Customer” means the person or legal entity listed on the Order purchase invoice or sales document;
“Delivery Costs” means the costs associated with delivery and return/retrieval (if applicable) of Products or Services as specified in an Order, including, without limitation, transport, freight or shipping charges, and insurance costs;
“Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Site, or otherwise displayed, uploaded or published on, or via, the Site;
“Order” means an order for Products or Services placed by a Customer on, or via, the Site including but not limited to the submission of an e-script and any other form of prescription via the Site;
“Order Price” means the price as defined in clause 5.3.
“Products” means the products, goods or items listed or advertised on the Site for sale or otherwise, including Prescription Only Medicine;
“Prescription Only Medicine” means medication for which prescriptions are required, otherwise classified as Schedule 4 substances under the Drugs, Poisons and Controlled Substances Act 1981 (Vic) or the Poisons and Therapeutic Goods Act 1981 (NSW) or other relevant state and territory Act.
“Services” means the services listed or advertised on the Site for sale or otherwise;
“Site” has the meaning in clause 1.1;
“you” or “your” means the person or entity accessing, using or relying upon the Site and includes, when applicable, the Customer.
- Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any act or statute which supersedes, replaces or modifies any earlier act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.
- Access and Use of the Site
- You must only use the Site in accordance with these Terms and any applicable law.
- If you do not provide accurate and complete details on the Site when making an Order, we may not be able to provide Products or Services to you.
- We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.
- We do not warrant that the Site is accurate, complete or current. Any information or contents, including descriptions of Products, Product Pricing Photos of products, on the Site are subject to change without notice at our sole discretion and should not be relied upon or used as the sole basis for making decisions and any reliance on the contents of the Site is at your own risk.
- The Site may contain links to third-party websites. Any links to such websites are for convenience only. We are not responsible for any loss or damage that may arise from your access to, and/or use of, third party websites, products and services. Additionally, we are not responsible for the accuracy, content, copyright compliance, legality, availability of information found on sites that link to or from sites from third parties or privacy practices associated with linked websites. You should make your own enquiries before using and/or accessing third party websites. You irrevocably waive any claim against us with respect to such sites.
- You may not use the Site other than for its intended purpose. You agree that you will not engage in any activity that interferes with or disrupts the Site or the servers and networks that host the Site. You agree not to, circumvent, disable or otherwise interfere with security-related features of the Site or attempt to do so or otherwise interfere with, or restrict, any person or visitor from accessing or using the Site.
- Unless otherwise expressly stipulated in this Agreement, you must not copy, adapt, distribute, display, communicate, modify, publish, reproduce, sell or transmit or otherwise use any of the material on the Site, except as permitted by statute or with our prior written consent. The Site is owned and operated by Astrid. Unless otherwise specified, all material appearing on this Site, including the text, site design, logos, graphics, icons and images, photographs, graphics, typefaces and other material (collectively ‘Content’) as well as the selection, assembly and arrangement thereof is subject to applicable copyright laws. Copyright Astrid Healthcare Pty Ltd, ALL RIGHTS RESERVED. All audio and video clips are the sole property of Astrid or their respective content providers. All software used on the Site is the sole property of Astrid or those supplying the software. You acknowledge that the Site 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 placing an Order on this Site or to procure our Products and/or Services and for no other purpose. 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.
- You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to:
- in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
- in a way that is illegal or unfair.
- We are under no obligation to discuss the details of an Order with anyone other than the Customer named on the Order purchase invoice or sales document.
- Order, Payment and Contract
- When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it. It is your responsibility to ensure all details in relation to the Order are correct.
- Prices for our Products are subject to change without notice. We reserve the right to modify, discontinue or refuse service to anyone, including existing Customers, at any time. We are not liable to you or any third-party for any price variation, modification, discontinuance or suspension of any Service or Order placed on the Site. In the event, that a Product is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, Astrid reserves the right to refuse or cancel any Orders placed for Product listed at the incorrect price.
- Once you select a product that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site or by other forms of communication from Astrid) the price you must pay including Goods and Services Tax (“GST”) and any other charges, including any charges you are liable to have the Products delivered to the address provided by you (“Delivery Fees”) (collectively, the “Order Price”). Unless otherwise stated all charges are in Australian dollars.
- You must pay the Order Price in full at the time of ordering or on demand by Astrid. Your payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method.
- By making an Order, you expressly authorise us, before accepting your Order or payment for the Order, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions.
- Products and Services
- Not all Products or Services listed on the Site or listed in your Order may be available or may be in limited quantities. We reserve the right to refuse to accept your Order.
- We reserve the right to limit the quantities, discontinue or recall any of the Products or Services we offer.
- You acknowledge and agree that whilst Products sighted on our Site or in promotional media are indicative of the Products that you will receive, different Products are subject to unique characteristics that may mean your Order may vary from the Products sighted as above. All care has been taken to ensure that the Products as viewed are accurate representations however Astrid takes no responsibility for any variation between the Products sighted and the Products received by you.
- We do not warrant that any Products, Services, information provided, whether on the Site or otherwise, or any other material purchased or obtained by you will be fit for purpose. You expressly agree that use of the Site is at your sole risk. In no event will Astrid, its directors, employees and representatives, third-party content providers or the like warrant that the Site will be uninterrupted or error-free. In addition, Astrid does not make any warranty as to the results that may be obtained from the use of the Site, or use of the information, content, service, or products provided through the Site.
- You may not use the Products other than for their intended purpose. You agree that you will not use the Products for any illegal or unauthorised activity or purposes.
- Information Disclaimer
- All information supplied has no warranty whatsoever. Information and statements are not intended to diagnose, treat, cure or prevent any disease. No warranty is made that any information on or linked to this Site is complete and/or accurate. All information contained on the Site, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is often present in summary form.
- Professional advice is required for each particular illness, disease, infection, injury or other medical condition and for dosages of the pharmaceutical product supplied via this Site. This information is not to be taken as any sort of medical advice whatsoever. You take full and total responsibility for what you do with this information, and any resulting outcomes from your actions.
- The information contained in this Site is not intended to be a substitute for medical advice or any information contained on or in any product packaging or labels. Always seek the advice of your Pharmacist, General Practitioner, other medical practitioner or qualified health provider when starting any new medical treatment, continuing with 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.
- Product images displayed are for representation purposes only. Actual product may differ from images shown.
- We reserve the right to limit the quantities, discontinue or recall any of the Products or Services we offer.
- Shipping, Delivery and Receipt
- Following payment of the Order Price in accordance with clause 4.3 of this Agreement, your Order will be made available for delivery.
- Once your Order has been dispatched, you may be contacted by the delivery service provider in relation to the delivery.
- You acknowledge that:
- You appoint Astrid as your agent for the purposes of arranging delivery of Products; and
- Astrid is not a party to the arrangement between you and the delivery service provider; and
- Astrid is merely your agent; and
- Title and risk in relation to the Products pass to the delivery service provider. As such, Astrid will not be liable for any damage caused following dispatch for delivery; and
- you do not expressly state the access to and address of your property correctly upon making the Order; or
- on arrival the delivery service provider deems it to be a difficult location; or
- the recipient of the Order is deemed not suitable due to the requirements listed in clause 3; or
- the delivery is not completed due to the delivery address being unoccupied and there is nobody to accept the delivery;
then you will be liable for any additional charges (including redelivery fees and the cost of additional required labour).
- We will use reasonable endeavours to ensure that all Products or Services are delivered in a prompt and timely manner. However, delivery dates are estimates only and factors outside our control may result in delays to delivery. The estimated date of delivery may change without notice. We do not accept any liability for loss or damage suffered by you or anyone as a result of any such delays.
- For the avoidance of doubt, we are not responsible for any delivery delays caused by events outside of our control or the control of our third party couriers or suppliers or any resulting loss. This includes any delays caused by the COVID-19 pandemic.
- Delivery Fees will vary depending on the Order you have made, the method of delivery, the location (including its difficulty) for delivery and any taxes or duties that may be charged in relation to delivery of the Order.
- The full Order Price must be paid before delivery can be made. You acknowledge and agree that it is your responsibility to ensure that you have nominated the correct delivery address and provided sufficient and appropriate details to identify the recipient in making an Order, and we are not responsible for any misplaced Products or for delivery of any Order to an unintended recipient as a consequence of incorrect details.
- You must ensure that any person who collects or takes delivery of the Products on your behalf is authorised by you to do so. Title and risk in the Products pass to the Customer on collection or on signing for delivery of the Products. Where a Customer gives written authority for Products to be delivered without a signature:
- any and all included insurance cover (if any) will be voided; and
- title and risk in the Products pass to the Customer on delivery of the Products to your nominated delivery address.
- The delivery date and time will vary in accordance with the nominated courier or provider.
- We are not responsible for the delivery times of Products. Once Products have been dispatched from our warehouse, it is your responsibility to liaise with our nominated courier company in relation to date of delivery and to make yourself available to take delivery at the nominated time for delivery.
- Any information provided by us to a Customer in relation to the method of delivery and estimated delivery time will be from a third party, and as such we do not guarantee the accuracy or currency of such information.
- For avoidance of doubt, Products are considered collected by you at the time they are dispatched for delivery.
- Complaints, Returns and Refunds Policy
- We reserve right to cancel or otherwise refuse any Order placed with us.
- All of our Products are consumable in nature, we do not accept any returns or exchanges on our Products. Please see our Returns Policy here: https://astrid.health/returns-policy/
- It is the Customer’s responsibility to inform us of any Order that has not been delivered. We are not liable for any Order that is undelivered or anything resulting from an undelivered Order, however any Order that has not been delivered will be investigated and we will endeavour to correct any issues.
- We request that you closely inspect all Products immediately on delivery and report any damaged or faulty Products to us within 24 hours of delivery.
- If a Product is damaged, incorrect or faulty, you must contact us within 24 hours of delivery. You must comply with directions or instructions given by us in relation to returning the damaged, faulty or defective Product to the manufacturer or us.
- If you consider that your Order is not of acceptable quality, not fit for the purpose, not conforming with any description or sample provided, not durable, safe or free from defect then you must notify us of this as soon as possible, with complete details of the problem and evidence (‘Complaint’).
- We provide no guarantee as to the outcome of any Complaint but we will make every effort to ensure our Customers’ satisfaction.
- Consumer Guarantees
- Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation (the “Acts”) where to do so is unlawful.
- To the maximum extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation is limited to supplying the Products or Services again or payment of the cost of having the Products or Services supplied again.
- To the maximum extent permitted by law, we will not provide you with a refund, or exchange the Products or Services Ordered by you on, or via, the Site where:
- the Products are damaged through misuse, accident or abnormal use; or
- the Australian Consumer Law or any manufacturer’s warranty does not apply.
- Consumer Guarantees cannot be excluded and are in addition to any manufacturer’s warranties or extended warranties purchased or given to you.
- You agree to indemnify us and our officers, directors, employers or contractors (collectively, the ‘Indemnified’) and to keep indemnified and hold harmless the Indemnified from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and/or expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with, your access to, and use of, the Site, any breach by you of this Agreement or your or anyone else’s use of the Products or Services.
- Under no circumstances shall we or any other party involved in creating, producing or distributing the Site be liable for any direct, indirect, incidental, special or consequential damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from:
- the use of or inability to use the Site;
- the cost of procurement of substitute Products and Services resulting from any data, information or services purchased or obtained or message received or transactions entered into through or from the Site;
- negligent or wilful acts of Astrid, its directors, officers, employees and or representative; or
- any other matter relating to the Site.
- To the maximum extent permitted by law, we exclude all:
- conditions, guarantees or warranties expressed or implied by law; and
- any liability to you or to any third person however arising (and whether arising under statute, negligence or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill), arising out of, or in connection with, access and/or use of, the Site, or any Products or Services Ordered on, or via, the Site and this Agreement.
- Without limiting the generality of the foregoing, you agree that in no event shall our maximum aggregate liability exceed the fee paid by you to us for the Products in your Order. You acknowledge and agree that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.
- To the maximum extent permitted by law, all typographical, clerical or other errors or omissions in sales literature, quotations, price lists, acceptances or offers, invoices or other documents or information issued by us will be subject to correction without any liability on our part.
- To the maximum extent permitted by law, we exclude all:
- We reserve the right to make changes to this Agreement without notice to you. Any amendments to this Agreement will have immediate effect from the time that they are published on the Site.
- Although we do our best to provide the most up-to-date information on the Site as this becomes available, we cannot warrant the accuracy or completeness of the information provided.
- Any provision of this Agreement that is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
- A failure or delay by us to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.
- To the extent permitted by law, this Agreement, its terms and conditions and the Use of this Site shall be governed by the laws inexistence from time to time in Australia. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the internal laws of the state of Victoria and you agree to submit to having the matter dealt with in a court in Melbourne in the State of Victoria, Australia.