Medical Disclaimer
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
heath-care professional.
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.
Limitation of Liability
In no event shall we 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
We provide our 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
1. Definitions
1.1 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
TopBrandsForLess web site and all
affiliated Internet web sites. "Nominated Payment Authority" means Visa,
Mastercard, American Express or personal cheque issued against a New Zealand registered
bank.
2. Introduction to the Site
2.1 The Top Brands for Less Site is owned and operated by Pharmacy Express 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.
2.2 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.
3. Orders, Price and Payment
3.1 You must order the Products in accordance with the instructions on this
Site.
3.2 You will pay for the Products by authorising us to charge any one of your
Nominated Payment Authorities.
3.3 All payments for the Products are payable in the currency displayed when an order is placed.
3.4 The price for the Products shall be the price quoted on our Site at the time of
making your order.
3.5 Except where specifically stated, 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.
3.6 If you elect to pay by cheque, your order will not be processed and the
Products will not be dispatched until such time as your cheque has cleared.
4. Payment
4.1 You must pay us for the purchase of the Products in full by authorising
us to charge your Nominated Payment Authority on the date which we dispatch the
Products to you from our premises.
5. The Products
5.1 We may revise and/or discontinue Products at any time without notice.
6. Title and Risk
6.1 Orders are not binding upon Pharmacy Express Limited or its Franchisees
or Agents until accepted by Pharmacy Express Limited or its Franchisees or
Agents. Should Pharmacy Express not accept your order, no charge will be made to your Nominated Payment Authority.
6.2 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.
6.3 Products are at your risk as soon as they have been delivered to you.
7. Freight & Delivery
7.1 We will at our own cost, freight the Products to you by whatever method
and route we consider to be the most expedient.
7.2 If we have specified a 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.
8. Return of Products
You may return Products to us in one of the following situations:
(8.1) 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 5 days (14 days for deliveries outside New Zealand) from the date of the products dispatch 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 CD Roms and software must be returned unopened. 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.
(8.2) Where the Products are damaged in transit. In this situation you must immediately
advise the delivery organisation and Top Brands for Less 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
Pharmacy Express/Top Brands for Less Account. You must cooperate with all enquiries and claims we
or any delivery organisation may make in connection with any compensation for any damage
whilst in transit.
(8.3) Where products are faulty on arrival
you should contact us immediately to arrange the return of the faulty item.
8.4 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: Top Brands for Less, Level 1, 43 Main Street,
Gore 9710, New Zealand.
8.5 You must also provide us with the following information: (a) The reason for the
return of the Product which must be one of the following: (i) your choice; (ii) the Product received is not that which you ordered; (iii) the Products are faulty or damaged on delivery.
8.6 If you have any problems regarding your order - you may contact us at
sales@TopBrandsForLess.co.nz (citing an order number) or call us on (+64 3 209 0023).
8.7 Proof of posting is not proof of receipt and we suggest you return Products by
the same delivery method by which you received them.
9. Warranty & Guarantees
9.1 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
Pharmacy Express/Top Brands for Less will be safe. (c) Your privacy in respect of any transactions that you
enter into with Pharmacy Express Limited/Top Brands for Less.
9.2 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.
9.3 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.
9.4 We shall not be liable to you for any damage to the Products due to external
causes, including accident, abuse, misuse, problems with electrical power, 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.
9.5 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.
9.6 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
heath-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.
9.7 Nothing in this Site is to be construed as a recommendation to use any Product.
10. Restrictions on Use
10.1 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.
10.2 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.
11. Copyright
11.1 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 Pharmacy Express Limited, copyright © 2000 ALL RIGHTS RESERVED
or other respective owners that have granted Pharmacy Express Limited the right and licence
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 Pharmacy Express 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 Pharmacy Express 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
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.
11.2 Pharmacy Express Limited respect the intellectual property of others. If you
believe that your work has been copied in a way that constitutes copyright infringement,
please notify Pharmacy Express Limited on sales@TopBrandsForLess.co.nz.
12. Disclaimer
12.1 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.
13. Applicable Laws
13.1 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.
13.2 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.
13.3 You may not use or export the materials in this Site in violation of New
Zealand laws and regulations.
13.4 You acknowledge that Products licensed or sold hereunder are subject to the
export control laws and regulations of New Zealand.
14. Trademarks
14.1 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.
15. General
15.1 Nothing in these Terms and Conditions shall affect the statutory rights
of you dealing with us as a consumer under the Consumer Guarantees Act.
15.2 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.
15.3 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.
15.4 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.
15.5 This Agreement shall be governed by and construed in accordance with the laws
of New Zealand and shall be subject to the non-exclusive jurisdiction of the New Zealand
Courts.
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