These terms and conditions apply to your use of our website:

www.westhampharmacy.com

(“this site”)

and every order you place using this site

BY CLICKING THE “I ACCEPT” BUTTON YOU AGREE TO FOLLOW AND BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT (THE T’S & C’S).  IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS IN THESE T’S & C’S, YOU MUST SELECT THE “I DECLINE” BUTTON AND MAY NOT USE THE SERVICES.  SHOULD YOU USE THE SERVICES WITHOUT ACCEPTING OR DECLINING THE T’S & C’S, THEN YOU SHALL BE DEEMED TO HAVE ACCEPTED AND BE BOUND BY THE T’S & C’S.  WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE T’S & C’S FROM TIME TO TIME WITHOUT NOTICE TO YOU.  YOUR CONTINUED USE OF THE SERVICES FOLLOWING THE POSTING OF CHANGES TO THESE T’S & C’S WILL MEAN YOUR ACCEPTANCE OF THOSE CHANGES.

BY MAKING USE OF OUR WEBSITE YOU ACKNOWLEDGE THAT YOUR PERSONAL INFORMATION AND/OR INFORMATION OF YOUR DEPENDANTS, WHETHER UNDER OR OVER THE AGE OF 18 YEARS OF AGE WILL BE DISCLOSED BY YOU TO OURSELVES AND OTHER THIRD PARTIES INVOLVED IN THE PROCESSING OF THAT INFORMATION ELECTRONICALLY TO GIVE EFFECT TO THE PLACEMENT OF ORDERS AS DIRECTED BY YOU USING OUR WEBSITE.  TO DO SO, WE NEED YOUR CONSENT AND YOU WILL BE PROMPTED TO GIVE YOUR CONSENT WHERE APPROPRIATE.

You are a “consumer” as that term is defined in the Consumer Protection Act, 2008 and those Terms which limit our risk or liability or which give rise to a risk or liability on your part, or require you to indemnify us or any other third party are highlighted in bold type to indicate their importance to which you should give special attention.

1.  We are Westham Pharmacy, company registered in accordance with the Laws of the Republic of South Africa and with Registration Number 2016/137074/07 with our registered office at 8 Gridham Terrace Unit 12 Westham Phoenix

2. Our details are as follows:

2.1  Physical Address: 8 Gridham Terrace Unit 12 Westham Phoenix
2.2 Telephone: 031 507 4978 OR 031 507 4979
2.3 Email: westhampharmacy@hotmail.com

3. We are a pharmacy registered as such in terms of the Pharmacy Act, 53 of 1974 and registered with the South African Pharmacy Council.

4. You can check our registration at pharmcouncil.co.za.

5. Introduction

5.1  The T’s & C’s is a legally binding contract between you and ourselves.

5.2  The T’s & C’s set out your rights and responsibilities when you use the Website.  Then read carefully.  If you don’t agree with the T’s & C’s, you may not use the Website.

6.  Registration of an Account

6.1  To access and use the Website you must register an account (“Account”) with us by providing your full legal name, current address, mobile phone number, a valid email address, and any other information indicated. We may reject your application for an Account, or cancel an existing Account, for any reason in our sole discretion.

6.2  You must be older than 18 years, to open an Account.  By opening an account, you warrant that you are 18 years of age or older;

6.3  You acknowledge that we will use the mobile phone number you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.

6.4  You warrant that should you use fill or refill prescriptions that you are the authorised recipient of such prescribed medicines.

6.5  You are responsible for keeping your username and password secure.  We cannot and will not be liable for any loss or damage due to your failure to maintain the security of your Account and password.

6.6  A breach or violation of any term in the T’s & C’s as determined by us, in our sole discretion, may result in an immediate termination of your account.

7.  Consent in terms of the Protection of Personal Information Act of 2013

7.1  You give consent to us and those third party intermediaries necessary, to process information that identifies or relates specifically to you and which may include your personal identification information, financial information and any health and medical information, for the purposes of electronically communicating with your medical scheme provider when filling prescriptions or when carrying out any other functions as authorized by you, by operating the Website.

7.2  Where the prescription to be filled, by using your account, concerns a child less than 18 years of age, then you warrant that you are legally competent (mother/father/guardian of that child) to give consent to the processing of the child’s personal information, for the same purpose and described in 2.1 above.

7.3  Where the prescription to be filled, by using your account is that of your spouse or partner or an adult dependents (a person 18 years or older) you acknowledge and warrant that you have their permission to give consent, and you hereby give consent.

7.4 Your consent as is required in terms of this 2, is indicated by clicking the “I consent” button.

8. Orders

8.1  All pharmacy products are dispensed according to the applicable SA pharmacy legislation. Please read the package insert to ensure that you are aware of any relevant information.

8.2  Your order means the order for items as submitted by you using the step by step process set out on the Website.

8.3  The items are that which we supply to you in the number and of the description as set out in the order.

8.4  All pharmacy products are dispensed according to the applicable SA pharmacy legislation. Please read the package insert to ensure that you are aware of any relevant information.

8.5  The description of any items as advertised on our Website is for illustrative purposes only.

8.6  Packaging may vary from that shown on our website. Please note that as per SA pharmacy law, images do not display for some pharmacy products.

8.7  The order process is set out on the Website and you are able to check and amend any errors before submitting the order.

8.8 It is your responsibility to check that you have used the ordering process correctly.

8.9  All items which appear on the Website are subject to availability.

9. Price and Payment

9.1  Our online payment options are administered by a specialist third party payment providers (namely Peach Payment or Zapper) who are trusted experts in the field of secure online payments. You may also choose to pay for your delivery by swiping your credit card at time of delivery.

9.2  The price of the items and any additional delivery or other charges is that set out on the Website at the date of the Order.

9.3  Prices and charges exclude VAT.

9.4  VAT (where applicable) and delivery costs will be automatically added (at the cost shown) to the total amount due when you view the selected products in your shopping basket and have selected your chosen delivery method.

9.5  Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which you have already been sent an order confirmation.

9.6  You must pay by selecting any one of those alternative means of payment as detailed on the Website.

10. Stock availability

We cannot always guarantee availability of stock. If we are unable to supply each and every item ordered or in the quantities ordered, you nevertheless agree to accept delivery and make payment for the items that are correctly delivered. See Refunds and Returns Policy.

11. Confirmation of orders

Orders placed online constitute your offer to purchase subject to these Terms. Your offer is deemed to have been accepted by us when you receive our confirmation of your order. Failure by us to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.

12. Cancellations

If for any reason you would like to cancel an order you may contact us on 031 5074 978 / 9.

While any cancellation of orders will be accepted at our sole and absolute discretion and we provide no warranty that any cancellation of any order will be accepted, any cancellation which we do accept will only be accepted in the event that you notify us of your intention to cancel prior to dispatch of the order in question.

We reserve the right to debit your payment card for the delivery fees in respect of any cancellations. If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will nevertheless be bound to pay to the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, we reserve the right to cancel forthwith any sale and/or your registration in the event of your breach any of the Terms.

13. Delivery

13.1  Your preferred method of taking delivery of your order is to be indicated by selecting from any one of those alternatives as detailed on the Website.

13.2  Delivery of your order will be effected, where you have selected that option to have the order delivered to an address supplied by you, within 48 hours of confirmation of the order by us and here the address as provided is situated within the District from which we conduct our business.

13.3  Risk of damage to, or loss of, any items will pass to you when the items are delivered to you.

14.  Return of items and Refunds

14.1  You cannot return the following:

14.1.1 Medicines provided on prescription (as such returns are prohibited by law);

14.1.2  Items which have been mixed after delivery and cannot be separated;

14.1.3  Items with a protective seal that has been broken or removed (due to health – protection or hygiene reasons).

14.2  Please note, that that which is recorded in 14.1 above does not limit those rights you may have in terms of the Consumer Protection Act.

14.3  Items to be returned may either be delivered to our physical address as detailed in 2 above or by post to that same address.

14.4  The liability for the costs of returning the items will be as set out in terms of the Consumer Protection Act, provided that, we will not be liable for any damages caused in the post.

14.5  We shall endeavour to process your refund within 3 – 5 days of receiving the returned items and to refund you within 14 days thereafter using the same payment method as you selected to pay for the items.

14.6  Where items are returned which are not faulty or damaged we shall be entitled to deduct an amount from the refund as is provided for in terms of the Consumer Protection Act.

15.  Errors, Inaccuracies and Omissions

We strive to be as accurate as possible.  However, we do not warrant that all product descriptions, images, photographs, pricing or other information published on the Website are accurate, complete, current, or error-free.  In addition, all weights and size dimensions are approximate.  If a product offered by us is not as described or pictured, your sole remedy is to return it in an unused condition for a refund in accordance with our Return and Refund provisions above in 14.  In the event of an error, in an order confirmation, in processing an order, in delivering an item or otherwise we reserve the right to correct any error and revise your order accordingly, or to cancel the order and refund any amount charged.  IF YOU RECEIVE AN ORDER THAT YOU BELIEVE CONTAINS A MISTAKE, WE ENCOURAGE YOU TO CONTACT US RIGHT AWAY SO THAT WE MAY CORRECT THE ERROR.

16.  Complaints

Complaints and claims must be brought to the attention of westhampharmacy@hotmail.com by calling 031 507 4978 / 9 (Monday to Friday, 09:00 to 19:00 and Saturdays, 09:00 to 19:00), or emailing: westhampharmacy@hotmail.com

17. Limitations of Liability

We do not assume any responsibility, nor will be liable, for any damages due to, any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website and as such we make no warranty or representation whether express or implied, that the information or files available on the Website are free of viruses, malware and the like which may corrupt or harm your computer system’s hardware or software.

18.  Disclaimer

18.1  The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from such use or reliance on any information displayed on the Website.

18.2  Nothing contained in the App/Website should be construed as medical, commercial or other professional advice. Detailed professional advice should be obtained before taking or refraining from any action based on any of the information or material contained in the App/Website or any communications provided to you as a result of your registration.

18.3  In amplification of the above, we shall not be liable for any direct, indirect incidental, special or consequential loss or damages which might arise from your use of, or reliance upon the Website or the content contained thereon.

19.  Circumstances beyond the control of either party

In the event of any failure by a party because of something beyond their reasonable control:

19.1  the party will advise the other party as soon as reasonably practicable; and

19.2  the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect your rights as set out in the T’s & C’s.

20.  Intellectual Property

We own the copyright of all designs, text, graphics and formatting on this Website.  You can copy or print parts of this site only for your own personal, non-commercial use.  All brand names, product names, service names, titles and copyrights used on this site belong to their respective holders.  We do not give you permission to use them.

21.  General

21.1  We may, in our sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website, or your right to use the Website, or any of its contents, subject to us processing any orders then already made by you.

21.2  These T’s & C’s contain the whole agreement between you and us and no other warranty or undertaking is valid, unless contained in the T’s & C’s.