Terms & Conditions

In these Terms and Conditions, “we”, “us” and “our” refers to John Nguyen Pharmacy PTY LTD, the owner and operator of shop.marketcitypharmacy.com. Your access to and use of all information on this website, including the purchase of our products, is provided subject to the following Terms and Conditions.

We reserve the right to amend these Terms and Conditions at any time. Your continued use of this website following any amendments will represent your agreement to be bound by the updated Terms and Conditions. We recommend that you review these Terms and Conditions each time you access our website.

Members

In order to access certain services provided on this website, including but not limited to placing orders or leaving reviews, you may be required to become a member. Registration is completed by providing certain information during the checkout or shopping cart process. Please refer to our Privacy Policy for information about how we collect, store, and use your personal information.

You agree that all registration details you provide will be true and accurate at all times and that you will update those details if they change.

When registering, you may be required to provide a password and other account details. We reserve the right to terminate your membership at any time if you breach these Terms and Conditions.

Website Services

Our services are intended for adults aged eighteen (18) years and over. By proceeding to purchase through our website, you acknowledge that you are at least 18 years of age.

All prices are listed in Australian Dollars (AUD) and include GST where applicable. We aim to ensure pricing is accurate and current, however we reserve the right to change prices at any time. If an order has been placed and a pricing error is identified, we reserve the right to cancel and refund that order.

Product Descriptions

We strive to ensure that all product descriptions on our website are as accurate as possible. However, we do not warrant that product descriptions or other website content are accurate, complete, reliable, current, or error-free. If we become aware of any error, omission, or misdescription, we reserve the right to correct it.

Images are provided for illustrative purposes only. We do not guarantee that product images will display in true colour or accurately represent the full design, packaging, or options of the product.

Product Orders

Our products are offered for sale to adults aged eighteen (18) years and over. By placing an order, you acknowledge that you are at least 18 years old.

We endeavour to keep our product listings up to date, however we do not guarantee the availability of any product advertised on our website. In some cases, stock levels may be insufficient to fulfil your order. If this occurs, we may offer a refund or advise of an extended dispatch timeframe.

All prices are listed in Australian Dollars (AUD) and include GST where applicable. Packaging and postage costs are additional and are calculated at checkout.

When you place an order, you may be required to provide your name, delivery address, email address, telephone number, and payment details. We take reasonable care with this information, however by submitting it you acknowledge that we are not liable for any misuse arising from transmission errors, viruses, malware, or similar events beyond our reasonable control.

We reserve the right to accept or reject your order within sixty (60) days. If we do not respond within sixty (60) days, your offer to purchase will be deemed rejected. We are not required to provide reasons for rejecting an order, although product unavailability is the most likely reason.

Delivery of your order will be carried out in accordance with the information provided on our website and shipping page. Title in the goods passes to you once payment has been received in full. Risk of loss or damage passes to you when the goods are dispatched.

Prices and Discounts

Any savings, discounts, or promotional offers displayed on our website may be calculated by reference to either our website pricing or the recommended retail price (RRP), where applicable.

We will not artificially increase the price of a product to recover the cost of a free item in a promotion. Promotional pricing is only available where clearly indicated on our website. We make no representation that our prices are higher, lower, or the same as prices offered by other retailers.

Order Cancellation Due to Error

Where a product has been listed with an incorrect price, description, or image due to a typographical error or similar oversight, we reserve the right to cancel the transaction. If your payment has already been processed, we will refund the amount charged.

Product Returns

We will replace or refund products delivered to you that are faulty, damaged, or not in accordance with your rights under Australian Consumer Law. If you wish to return a faulty or damaged product, please contact us using the details provided on our website and we will assist with the return process.

We may also exchange or refund an undamaged product, provided it is returned unused, unopened where applicable, and with proof of purchase within the timeframe set out in our Returns Policy. Unless otherwise required by law, return shipping costs for change-of-mind or undamaged returns are at your cost and risk.

If we are unable to replace or exchange returned goods, we will reimburse you using your original payment method or another agreed method.

Account Credits

Spending Account Credits

Where account credit is available, it may be automatically applied at checkout.

Credit will generally be applied in full. If your available account credit exceeds your cart total after discounts, the credit may not apply and will remain available for future use.

Account credit cannot be redeemed for cash, refunded, exchanged, or transferred, and does not apply to shipping fees or optional insurance.

Site Access

When you visit our website, we grant you a limited licence to access and use the information on the website for personal use only.

You may download a copy of website content for your personal use only, provided you do not remove or alter any copyright, trademark, or proprietary notices. Any other use of our content may infringe our intellectual property rights.

Except as permitted under the Copyright Act 1968 (Cth), you must not copy, reproduce, republish, distribute, or display any content on this website without our prior written consent.

This licence does not permit the use of data mining tools, robots, scraping tools, metatags, mirroring, or similar methods without our prior written permission.

Hyperlinks

This website may contain hyperlinks to other websites for convenience only. We are not responsible for the content, maintenance, or privacy practices of linked websites. A link to another website does not imply endorsement, approval, or sponsorship.

You may link to our website without our prior consent, provided you do so lawfully and without altering, framing, or reproducing any part of our website or content.

Intellectual Property Rights

All content on this website, including text, graphics, images, layouts, logos, and other materials, is owned by us or licensed to us.

All trademarks, brands, and logos used on this website are owned by us or used under licence. Your access to this website does not grant you any right to use them without our prior written consent.

Any comments, feedback, ideas, or suggestions you provide to us through this website become our property. You agree that we may use them for any commercial or non-commercial purpose without compensation to you.

If you provide comments or materials to us, you are responsible for ensuring that the content is lawful, original, and does not infringe the rights of any third party.

Disclaimers

While we take reasonable care in providing information on our website, we do not provide any warranty, express or implied, including warranties of title, merchantability, or fitness for a particular purpose, except as required by law.

To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms and Conditions is excluded.

We also take reasonable care to ensure that our website is free from viruses, worms, Trojan horses, malware, and similar harmful code, but we are not responsible for any damage to your computer system arising from your use of our website or any linked website.

From time to time, we may display third-party content, advertising, or endorsements. We are not responsible for the content or accuracy of such material.

Statutory Guarantees and Consumer Rights

Nothing in these Terms and Conditions excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law or any other applicable law.

If you are a consumer under the Competition and Consumer Act 2010 (Cth), you are entitled to certain statutory guarantees in relation to goods and services supplied by us.

Where goods or services supplied by us fail to meet a consumer guarantee, you may be entitled to a repair, replacement, refund, or other remedy as provided under Australian Consumer Law.

Limitation of Liability

If you are not a consumer within the meaning of the Australian Consumer Law, then to the extent permitted by law, our liability for breach of any implied warranty or condition is limited to:

• the resupply of the services; or

• payment of the cost of having the services supplied again.

To the extent permitted by law, we exclude liability for any indirect, incidental, special, or consequential loss arising out of or in connection with your use of our website or the supply of goods or services by us.

Indemnity

By accessing and using our website, you agree to indemnify and hold us harmless from any claims, actions, damages, losses, costs, and expenses, including legal fees, arising out of or in connection with your use of the website or your breach of these Terms and Conditions.

Force Majeure

If a Force Majeure event causes delay and continues for more than sixty (60) days, we may terminate this agreement by giving at least sixty (60) days’ notice to you. “Force Majeure” means any act, circumstance, or omission beyond our reasonable control.

Jurisdiction

These Terms and Conditions are governed by the laws of Western Australia, and any disputes arising in connection with them will be subject to the jurisdiction of the courts of Western Australia.

If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

Privacy

We take reasonable care with any information you provide to us when accessing our website. However, we cannot guarantee the security of information transmitted over the internet, and any transmission is at your own risk.

Our handling of personal information is governed by our separate Privacy Policy. By agreeing to these Terms and Conditions, you also agree to the terms of our Privacy Policy.

SMS Communications

By providing your mobile phone number to John Nguyen Pharmacy PTY LTD, you consent to receive SMS messages from us for purposes including order updates, customer service, and marketing communications where you have opted in.

You may opt out of receiving marketing SMS messages at any time by replying STOP to any SMS.

We may use third-party service providers to assist with sending SMS messages. These providers are required to protect your information and only use it for the purposes we specify.

For more information about how we collect, use, and protect your data, please refer to our Privacy Policy on shop.marketcitypharmacy.com.