Terms & Conditions

Agreement

These Terms and Conditions ('Terms'), together with our Privacy Policy, apply to your use of Nga Hua Pharmacy Limited (‘Nga Hua’, ‘we’, ‘our’, ‘us’) website located at www.ngahuapharmacy.co.nz.

By browsing or using the Site, including using the Site to make an Order, you agree to these Terms and Conditions, together with our Privacy Policy (collectively, the 'Agreement'). If you do not agree with the terms of the Agreement, you must not access, browse or use this Site.

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.

Interpretation

In this Agreement;

• "Agreement" has the meaning in clause 1.
• "Business Day" means 9:00 am – 5:00 pm Monday to Friday, excluding Saturdays, Sundays and public holidays in New Zealand.
• "Consumer Guarantee" has the meaning given under the Consumer Guarantees Act 1993.
• "Content" means all material appearing on this Site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly, and arrangement thereof, which 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 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.
• "Privacy Policy" means our privacy policy set out at [www.ngahuapharmacy.co.nz/privacy-policy].
• "Products" means the products, goods, or items listed or advertised on the Site for sale or otherwise, including Prescription Products.
• "Prescription Products" refers to any medical cannabis product that requires a valid prescription under the Misuse of Drugs Act 1975 and the Medicines Act 1981.
• "Services" means the services listed or advertised on the Site for sale or otherwise.
• "Site" has the meaning in clause 1.
• "You" or "Your" means the person or entity accessing, using, or relying upon the Site and includes, when applicable, the Customer.

Access and Use of the Site

1. You must only use the Site in accordance with these Terms and any applicable law.
2. 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.
3. 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.
4. We do not warrant that the Site is accurate, complete, or current. Any information or content on the Site is subject to change without notice and should not be relied upon as the sole basis for making decisions.
5. 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.
6. 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.

Order, Payment, and Contract

1. 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.
2. Prices for our Products are subject to change without notice. We reserve the right to modify, discontinue, or refuse service to anyone at any time.
3. Once you select a product that you wish to Order, you will be shown or told (on the Site or by other forms of communication from Nga Hua) the price you must pay, including Goods and Services Tax (GST) and any other charges ("Order Price"). Unless otherwise stated, all charges are in New Zealand Dollars (NZD).
4. You must pay the Order Price in full at the time of ordering or on demand by Nga Hua Pharmacy. Your payment method must have sufficient funds, credit, or other payment facilities to cover the purchase.
5. By making an Order, you expressly authorise us to perform credit and security checks before accepting your Order or payment.

Products and Services

1. 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.
2. We reserve the right to limit the quantities, discontinue, or recall any of the Products or Services we offer.
3. We do not warrant that any Products or Services, whether on the Site or otherwise, will be fit for purpose.
4. You agree that use of the Site is at your sole risk.

Information Disclaimer

1. Information and statements on the Site are not intended to diagnose, treat, cure, or prevent any disease.
2. No warranty is made that any information on or linked to this Site is complete and/or accurate.
3. Professional advice is required for each illness, disease, infection, injury, or medical condition and for dosages of the pharmaceutical product supplied via this Site.

Shipping, Delivery, and Receipt

1. Following payment of the Order Price, your Order will be made available for delivery.
2. Delivery is only available within New Zealand.
3. Once your Order has been dispatched, you may be contacted by the delivery service provider in relation to the delivery.
4. Nga Hua Pharmacy is not liable for any damage caused following dispatch for delivery.
5. 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.
6. The full Order Price must be paid before delivery can be made.
7. Title and risk in the Products pass to the Customer on collection or on signing for delivery of the Products.

Complaints, Returns, and Refunds Policy

1. We reserve the right to cancel or otherwise refuse any Order placed with us.
2. We do not accept any returns or exchanges on prescription Products.
3. If a Product is damaged, incorrect, or faulty, you must contact us within 24 hours of delivery.
4. If you consider that your Order is not of acceptable quality or not fit for the purpose, you must notify us of this as soon as possible.

Consumer Guarantees

1. Nothing in this Agreement excludes, restricts, or modifies the application of any condition, warranty, or other obligation under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
2. To the maximum extent permitted by law, we will not provide you with a refund or exchange where:
   • The Products are damaged through misuse, accident, or abnormal use; or
   • The Consumer Guarantees Act 1993 does not apply.

Indemnity

You agree to indemnify us and our officers, directors, employees, or contractors ('Indemnified') from and against any actions, claims, demands, losses, damages, taxes, liabilities, costs, and/or expenses that may arise from 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.

Liability

1. 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 any third person however arising for any personal injury or death or any special, direct, indirect, or consequential loss or damage.
2. 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.

Privacy

We are committed to protecting your privacy and personal information. Please see our Privacy Policy for further details.

Section 29 Unapproved Medicines

When dealing with Section 29 unapproved medicines, Nga Hua Pharmacy adheres to the Medicines Act 1981, which allows the legal supply of these medicines to a patient when authorised by a prescriber. As a supplier, we are required to maintain detailed records of the supply and notify Medsafe of all supplies made. This includes:

• The international non-proprietary name (INN) and trade name of the medicine.
• The dose form and strength of the medicine.
• The date and details of the supply.
• The name and address of the prescribing medical practitioner and the patient.

For Section 29 unapproved medicines supplied through our website, you acknowledge that your details, as required by law, will be recorded and reported to Medsafe. These records help ensure the traceability and accountability of the supply of such medicines and are subject to audit by Medsafe.

Consent for Communication About Section 29 Unapproved Medicines

By registering and enrolling on our website/online store, you agree to receive communications from us regarding Section 29 unapproved medicines relevant to your treatment. These communications are not considered advertising but are necessary for the ongoing management of your treatment as an enrolled patient. Examples of such communications include:

• Notifications about out-of-stock products and information about alternative medicines that may be suitable for your treatment.
• Updates on new products that become available and may be relevant to your care.
• Information on changes to existing medicines, such as new dosages or formulations.
• Health and treatment updates that are relevant to the products you use or may need.
• Price changes for any products that might affect your ongoing treatment plans.

General

1. We reserve the right to make changes to this Agreement without notice to you.
2. Any provision of this Agreement that is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
3. This Agreement shall be governed by the laws of New Zealand