It is our pleasure to welcome you to our website accessible via the URL www.shop.pharmaforce.co.za including any mobile version (together hereinafter referred as the “Site”). This page (and the documents referred to on it) provides information about who we are and the legal terms and conditions that apply to your use of the Site and any product or service you order from us (the “Terms and Conditions”). The Terms and Conditions are made up of the sections set out below. Any reference to the Terms and Conditions incorporates all the provisions in each of these sections. To help you find the information you are looking for, links to each of the sections are set out below.
The Site is operated by Advance, on behalf of PHARMAFORCE Pty Ltd, a limited liability PHARMAFORCE registered in South Africa under PHARMAFORCE registration No 1966/002696/07, and whose registered office is located at 130, 16th Rd, Midrand, 1685, South Africa. Our VAT number is 4810116089. Our contact information is: [+27 10 020 2520](+27 10 020 2520) or email@example.com.
We hold a license to sell and distribute health and pharmaceutical products for various companies and trademarks, including the “PharmC” trademark and products registered under the PharmaCorp Marketing Authorisation in South Africa and several other countries in Africa.
This Site and all material and content on the Site are made available on an “as is” and “as available” basis only. PHARMAFORCE does not make any representation, condition, guarantee or warranty of any kind, whether express or implied, such as quality or reliability, fitness for a particular purpose, merchantability, non-infringement, accuracy, reliability or completeness of the Site including any content. This Site may include publications with technical or other inaccuracies or typographical errors and it may contain information that is out of date. PHARMAFORCE accepts no responsibility to keep the information up to date and error free. Articles, commentary and other material on our Site are not intended to amount to advice on which reliance should be placed. Any reliance placed on the information contained on the Site will be at your own risk. The views and opinions expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs of PHARMAFORCE or constitute any endorsement by us.
Links from the Site – The Site may include links to other websites or other internet sources. PHARMAFORCE has not verified and cannot control the content of such sites or sources, in particular as to their accessibility, content, action, confidentiality, system and data security, or their policy on privacy and personal data and the protection of them.
Links to the Site – You may link to our Site in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must first obtain our prior written approval to do so. We reserve the right to withdraw linking permission at our absolute discretion without any notice and without any liability. With regard to any sites with links from our Site or which carry links to our Site, use by you of such sites is at your own risk and PHARMAFORCE does not accept any responsibility or liability for any loss or damage suffered, including in respect of any purchases you make from such sites. Such sites and sources are subject to their own terms and conditions and policies.
We reserve the right to edit, modify or delete any Contributions (or portions thereof) which we, in our sole discretion, deem violate any of the above terms or which are otherwise not suitable for the Site in our sole discretion. Any Contributions submitted by you will be considered non-confidential and non-proprietary. You agree that all intellectual property rights in your Contributions, including all copyright are assigned to PHARMAFORCE as further set out in clause C above. You further agree that your Contribution may be posted on the Site and be used by PHARMAFORCE in any other way, with no financial compensation for yourself or any other person, including being reproduced, presented, modified, disclosed, published, displayed, printed, copied, translated, distributed, adapted, grouped, transferred to any third party, transmitted to anyone, separately or together with other works, on any current or future medium whatsoever, using any current or future process and for all purposes, notably but not limited to promotional purposes, advertising purposes, the development and marketing of products or any other commercial purpose. PHARMAFORCE may at its discretion decide not to use your Contribution or any part of your Contribution.
PHARMAFORCE shall not be liable to you for any loss or damage arising out of posting any Contribution on the Site, including where caused by unauthorised use or alteration of the content or other interference of the Site. You shall be responsible for ensuring that you have obtained all third party consents required in connection with the use of your Contribution as stated above, including the consent of any third party appearing in the Contribution, and you hereby warrant that your Contribution does not infringe any third party intellectual property rights, does not violate any proprietary right, privacy rights, or any other third party right, is not defamatory or libelous and is in compliance with all applicable law and regulation. You agree to indemnify PHARMAFORCE and its affiliates, agents and representatives from and against any costs, expenses, loss or liability whatsoever, including without limitation, where incurred pursuant to any third party claim, arising out of or in connection with your Contribution. PHARMAFORCE accepts no obligation to monitor your Contribution or any Contribution by others and we do not endorse and we are not responsible for any Contributions and expressly disclaim any and all liability in connection with such Contributions. We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, their right to privacy or any other right.
You must not misuse our Site by knowingly or negligently introducing viruses, trojans, worms, logic bombs or other material which is malicious or harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately. Unfortunately, the transmission of information via the Internet is not secure and cannot be completely protected from illicit interference from third parties. Communications via the Internet may potentially be intercepted, lost or modified and any transmission is therefore at your own risk. Once PHARMAFORCE receives the information, it will employ security features to attempt to prevent unauthorised access. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
PHARMAFORCE reserves the right to withdraw access to the site or any part without notice for reasons of maintenance, security, updating and for any other reason. PHARMAFORCE shall not be liable if, for any reason, the site is unavailable at any time or for any period. PHARMAFORCE does not warrant that all or part of the site is available or adapted to all countries in the world. PHARMAFORCE does not give any warranty, express or implied, concerning all or part of the content of the site and/or its technical functioning. PHARMAFORCE does not give any warranty in any manner whatsoever that the content of the site is exempt from any errors, inaccuracies, omissions and bugs, malicious software (including but not limited to viruses and trojans), defects, interference with rights of third parties, or that it has been adapted for a particular purpose or use. you expressly agree unreservedly that your access and use of the site is at your sole risk. to the full extent permissible by applicable law, PHARMAFORCE, any affiliate PHARMAFORCE of PHARMAFORCE, and any third party connected to PHARMAFORCE or the site, hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
If you are a business user, we will not be liable for:
If you are a consumer, please note that we only provide our site for domestic and private use. you agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity. Nothing in these conditions shall affect any party’s liability (including but not limited to PHARMAFORCE`S liability) for death or personal injury arising from negligence, nor any liability for fraudulent misrepresentation nor any other liability which cannot be excluded or limited under applicable law.
Different limitations and exclusions of liability will apply to liabilities arising as a result of the supply of any products from us to you, which will be set out in our terms of sale.
(i) These terms and conditions of sale (the “Terms of Sale”) apply to any order you place or try and place through this website with PHARMAFORCE (Pty) Ltd (Registration No 1966/002696/07), (PHARMAFORCE) and accessible via the URL www.shop.pharmaforce.co.za and including any mobile version (hereinafter together referred as the “Site”) for any of the products and services listed on the Site (together the “Products”).
(iii) You must read these Terms of Sale carefully before placing any order. By placing an order through the Site, you confirm that you have read, understood and agree to these Terms of Sale.
(iv) At this present time, the Site only accepts orders for delivery to South Africa. We do not accept orders for deliveries outside this country. If you would like to place orders for delivery into any other jurisdiction, please contact us and we may be able to refer you to an appropriate seller.
By placing an order through our Site, you warrant that (i) you are legally capable of entering into binding contracts; and (ii) you have the capacity and ability to perform your obligations under these Terms of Sale.
The display of Products on the Site is an invitation and not an offer to sell those Products to you.
When you place the order for your Products, only an offer is made that is still subject to our acceptance and no contract is yet in place. If you enter a correct email address, we may send you an order acknowledgement email and order update emails. These do not constitute acceptance of your order from us either and no contract is yet in place. Please note that completion of the online checkout process also does not constitute our acceptance of your order, even if we have taken payment.
Unless we have notified you that we do not accept your order, order acceptance and the creation of the contract between you and us will only take place at the point the Products are dispatched to be delivered to the address you have given to us. We will try to confirm such dispatch to you by email. This contract will only relate to the Products which we have dispatched and not to any other Products that you have ordered. A contract will only be formed in relation to other Products that you may have ordered upon the dispatch of those Products.
The contract will be concluded at the place of dispatch of the Products. We take reasonable care to try to ensure that prices quoted on the Site are correct and that Products are described accurately in all material respects and are available. However, when ordering Products through the Site, please note that:
(i). Orders will only be accepted if there are no, and any acceptance is subject to there being no, material errors in the description of the Products or their prices as advertised on this Site;
(ii). All Products are subject to availability. We will inform you as soon as possible if the Products you have ordered are not available;
(iii). Packaging may vary from that shown on the Site;
(iv). The measurements, weights, dimensions, and capacities shown on the Site are approximate only;
(v). The reproduction of colours is as accurate as the photographic and production process will reasonably allow. In addition, the actual colours you see will depend on the display on your device and we cannot guarantee that your device’s display of any colour will accurately reflect the colour of the Product on delivery.
On occasions, despite us using reasonable care, an error may occur resulting in the Products described on our Site not being the Products actually available for sale. If this occurs your order will not be or have been accepted. If we accept and process your order where an error is obvious and unmistakable and could reasonably have been recognized by you as a mistake, we may end the contract and you must return any of the Products provided to you in the same condition as you received them and we will give you a full refund.
The price of the Products and our delivery charges, if any, will be as quoted on the Site from time to time, except in cases of error.
All prices are in South African Rands (“ZAR”) and include value added tax (“VAT”). However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
Product prices and delivery charges, if any, are liable to change at any time, but changes will not affect orders that have already been dispatched.
Our Site contains a large number of Products and it is possible that, despite our reasonable efforts, some of the Products listed on the Site may be incorrectly priced. If a price displayed on our Site contains an inadvertent and obvious error, we will not be bound by such price. We will notify you of the price error, correct the error in the displayed price, and seek your instructions on whether you are willing to proceed at the correct price before dispatching the Product.
Payment for all Products can be completed using a debit card, credit card or instant EFT.
We will take payment from your card when we process your order, shortly before dispatch. If for whatever reason, payment is not received and you have already received the Products you ordered from us, you must pay for the Products immediately or return those Products to us in the same condition that you received them at your own expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any Products that are the subject of an unpaid order.
Once dispatched, Products will be delivered to you as soon as reasonably possible. Usually, the Products are dispatched as soon as you have completed the online checkout process and the payment is concluded.
The Products will be your responsibility from the time of delivery of the Product(s) to the address you gave us. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Although we aim to deliver your goods a soon quick as possible, delivery can take up to 10 days to be completed.
Due to the nature of our products and regulations surround pharmaceutical products, we cannot accept returns. This Policy does not in any way affect your statutory rights, including (without limitation) your rights under the Consumer Protection Act 68 of 2008 (“CPA”) relating to miss-described Products (in respect of which see clause G, below) or your rights relating to defective or damaged Products (in respect of which see clause H, below).
Customers are entitled to cancel orders under the CPA. Customers may return Products to us which they did not have an opportunity to inspect before delivery if such Products are not of a type and quality reasonably contemplated in the agreement, such as the incorrect Product accidentally being delivered to you or if the Product received is not as described on the Site. In such event, the Customer must return the Product within 10 days. Upon return, and after inspection of the Product, we will credit you the price paid. If the Product is not returned in its original condition or the packaging has been opened we may charge a reasonable amount for repackaging or restoration costs.
To facilitate your return you can send an email to our Online Customer Services team (firstname.lastname@example.org) clearly mentioning your choice to cancel the order with the following information: email address of the buyer, First name / Family name of the buyer, Order number.
If the problem is our fault we will authorize the return. Products returned must be unused and in their original packaging with tags and seals still attached and intact and together with any free gifts or promotions (e.g. 2 for 1). We reserve the right to consider the condition of any Products and its packaging you wish to return and either reject the return or make any deductions of reasonable amounts from the refund paid to you on account of any use of the Product or any damage to the product, packaging, tags or seals.
For a valid cancellation under the CPA we will process your credit as soon as possible after the date on which the Products are returned to us and after having inspected the Products.
Your credit will include the cost paid to us for delivery up to the standard delivery cost that you paid (if any). The delivery charge will not be credited if only part of your order is cancelled or refunded. If you paid for any enhanced or premium delivery option beyond the standard delivery option, you will not be entitled to a reimbursement for this beyond the standard delivery amount.
The above is not a conclusive or exhaustive guide to your rights under the CPA and at all times you are encouraged to seek your own independent legal advice.
If you have received a Product which is defective or damaged please notify us as soon as reasonably possible after you become aware of the defect or damaged Product, but in any event within 15 days after delivery of the Product.
Returns for Products may be made by you if they are defective or received by you in a damaged condition. A defect is a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances.
Products will not be regarded as defective and you will not be allowed to return Products if the:
(i) faults arising from normal wear and tear;
(ii) damage arising from negligence, user abuse or incorrect usage of the Product;
(iii) damage arising from a failure to adequately care for the Product;
(iv) damage arising from unauthorized alterations to the Product.
To return a product under these circumstances, you must notify us of the problem as quickly as is reasonably possible by email (email@example.com) or by following the returns procedure set out under point F, but no later than 15 days after delivery . If the problem is our fault, we will authorize the return.
We will replace the Product or credit you the price you paid for the Products including any delivery charges paid once the Product has been returned. We will process your credit as soon as possible after the date on which the goods are returned to us.
Where you request a repair or replacement Product, and a repair or replacement is not possible we will credit you the price of such Product.
Kindly take note that these Terms of Sale may contain provisions that limit the risk or liability of PHARMAFORCE and/or create risk or liability for you the customer. There are certain liabilities which we cannot limit or exclude by applicable law and nothing in these Terms of Sale excludes or limits such liability, including any liability for personal injury or death caused by our negligence or for fraud.
You have certain statutory rights as a consumer, including legal rights relating to defective Products. Nothing in these Terms of Sale seeks to affect your statutory rights under the CPA in any way, and to the extent that there is any conflict between these Terms of Sale and the CPA, the CPA will prevail.
We shall not however be liable for any direct, incidental, special, consequential or indirect losses or damages, including but not limited to, loss of income, loss of business, loss of profits, loss of anticipated savings, loss of data relating to:
(i) any inaccurate information published on the Site or any incorrect prices displayed on the Site, save where such liability arises from our gross negligence or willful misconduct;
(ii) your use of, or reliance on the Site, or your inability to use or access the Site;
(iii) the quality, timeliness, operation, integrity, availability or functionality of the Site or the accuracy, completeness or reliability of any information on the Site;
(iv) any events outside our control (see clause J below);
(v) your failure to provide us with the correct or accurate information (e.g. delivery address);
(vi) our failure to comply with any Terms of Sale, unless such failure is due to our gross negligence or willful misconduct.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under or in connection with these Terms of Sale that is caused by events outside our reasonable control provided that we try to take steps to minimize the effect of the delay.
An event outside of our control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, shortages, adverse weather, storms, floods, civil commotion, riots, terror attacks, war or preparation for war, fire, explosion, earthquakes, volcano eruptions, natural disaster, pandemic or epidemic, problems with transport, problems with public telecommunications networks, any legislation or acts of government.
All notices given by you to us must be given to PHARMAFORCE. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent. or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. When using the Site, you accept that communication with us will be mainly electronic. We may contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
If we fail at any time to insist upon strict performance of any of your obligations under these Terms of Sale, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms of Sale, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing. A waiver by us of any default will not constitute a waiver of any subsequent default.
If any provisions of these Terms of Sale are held to be illegal, invalid or unenforceable, in whole or in part, whether under any enactment or rule of law or otherwise, such provision or part shall to that extent be deemed not to form part of these Terms of Sale but the legality, validity and enforceability of the remainder of the Terms of Sale shall not be affected.
The exclusions, limitations, rights and benefits of these Terms of Sale shall apply to the direct benefit of PHARMAFORCE and any of our affiliates, which means any of our direct and indirect subsidiaries.
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the sale and purchase of the Products. Neither party has relied on any warranties or representations not expressly set out in these Terms of Sale which are hereby expressly excluded to the fullest extent permitted by applicable law. This however does not in any way affect your statutory rights and any implied warranties in terms of the CPA.
The contract between you and us is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of the contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of the contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
We have the right to revise and amend these Terms of Sale from time to time for any reason.
You will be subject to the Terms of Sale in force at the time that you order Products from us, unless any change to these Terms of Sale is required to be made by law or governmental authority retrospectively (in which case it will apply to orders previously placed by you), or if we notify you of the change to Terms of Sale before we dispatch your order.
You agree that the contracts for the purchase of Products and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by South African law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the High Court of the Republic of South Africa (Gauteng Division, Pretoria) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in these Terms of Sale limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.