Terms of service

Date of last update: 4 May 2023

Terms of use

Welcome to the website of Apotecari (“Site”).  The Site is owned and operated by Healthcare Product Specialists Pty Ltd ACN 169 017 467, ABN 51 169 017 467 trading as Apotecari (“we”, “us”, “our” or “Apotecari”).

By accessing and using the Site, including purchasing of products via this Site, you agree to be bound by these terms.  If you do not agree with these terms, you must not access or use the Site.

We reserve our right to change these terms at any time, without notice to you.  When we change these terms, we will also update the “Date of last update” at the top of these terms.  You should check this page occasionally, including before each purchase made via this Site, to ensure you are familiar with any changes.

Scope of Site

The purpose of the Site is to provide you with information about us, our products and stockists as well as nutrition and lifestyle information.  In addition, you may be able to purchase products through the Site.

Website not advice

We intend for the information on the Site to serve only as a general overview of matters of interest.  The information on the Site is not intended to be comprehensive, nor does it constitute advice in any way.  We attempt to ensure the content is current and accurate but we do not guarantee its currency and accuracy.  You should seek advice from your healthcare professional before acting or relying on any of the information on this Site.

Allergic reaction

We cannot guarantee that you will not have an allergic reaction to an ingredient in our products.  We recommend you contact your healthcare professional if you are uncertain, before purchasing our products.  We do not exchange or refund on the basis of allergic reactions to products.

Suitability

We take no responsibility for the suitability of our products for use by individual consumers.  Consumers must refer to advice from their healthcare professional to determine suitability of our products, including suitability for use in the event of presence of medical condition(s) or if the consumer is taking medication or other supplements.  If you have any concerns or questions about your health, you should always consult with your healthcare professional.  Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of something you may have read on the Site.

Spam

To assist us to combat spam, we request your assistance with the following.

If you receive an offensive or unauthorised commercial message, which appears to originate from us, please assume that it has been sent in error and notify us immediately by email at hello@apotecari.com.au

Please ensure that you unsubscribe from our mailing list if you decide that you no longer wish to receive electronic commercial messages from us.

Please notify us of any changes to your email address.

Product availability

Reference to any product on the Site does not mean that the product is available.  Inventory information is generally available on the Site for Australian orders.  This information can be used to estimate the likelihood that merchandise will be shipped shortly after you place your order.  However, we cannot guarantee that a product that is listed as in stock on the Site will be available for shipping right away as inventory can change from day to day.

Packaging configurations are subject to change without notice, subject to stock levels. 

Orders

The listing, description of, or reference to, a product on the Site does not imply that the product is presently available.  If a product is listed at an incorrect price, for whatever reason, we have the right to refuse or cancel any order placed for that product at the incorrect price, even if the order has been confirmed and/or your credit card has been charged.  If you credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the incorrect price.  Risk of damage to or loss of any product ordered by you from us transfers to you with effect from the time of delivery.  We reserve the right to limit quantities.  It is your responsibility to ensure that, at the time you place your order, your details (including your email, shipping address and payment details) are adequate, complete and correct.

Order acceptance

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.  After receipt of your order, we reserve our right at any time and for any, or no reason at all, to:

a.     accept or decline your order; and

b.     supply less than the quantity you ordered of any product.

Subscription (Concierge)

We offer subscriptions for some of our products, referred to as our Concierge service. 

You may choose to receive your subscription delivery every 30, 60 or 90 days, and you will be automatically charged according to that same frequency.  

All subscription orders are fulfilled with our home-compostable replenish packs:
Delivery every 30 days: Receive 1 x 30 day replenish pack of your selected product every 30 days.
Delivery every 60 days: Receive 2 x 30 day replenish packs of your selected product every 60 days.
Delivery every 90 days: Receive 3 x 30 day replenish packs of your selected product every 90 days.

You may skip, modify, pause or cancel your subscription service anytime.

LOGIN TO YOUR CONCIERGE DASHBOARD HERE >

If you choose to make adjustments to your subscription, this must be done at least two (2) business days prior to your next scheduled payment, otherwise you may be charged in accordance with your subscription. 

By purchasing a subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the subscription rate which is current at the time of the charge (as notified on our Site). You accept responsibility for all recurring charges prior to cancellation of your subscription. 

At any time, and in our sole discretion, we reserve our right to terminate your subscription without prior notice to you.

Shipping

All goods are dispatched from Alexandria, New South Wales, Australia and are delivered by courier.  Most orders are dispatched from our warehouse within one (1) business day.  Upon dispatch, we will notify you by email.  Please note, we take no responsibility whatsoever for delayed deliveries as we rely on others to successfully deliver within their recommended service time frames.

MORE SHIPPING INFORMATION >

Returns and exchanges

If you cancel your order before it has been dispatched to you, you are entitled to a refund.

We do not offer refunds or exchanges on products due to a change of mind, or if a product doesn’t suit.  We recommend that you consult with your healthcare professional to determine suitability of use prior to purchase.  We offer exchanges on damaged or faulty products, provided that the product is unopened, in its original condition and all seals, packaging, labels, wrap and/or boxing remains intact.  All products are shipped using appropriate protection.  If there is any damage caused to the product during shipping, please contact us at hello@apotecari.com.au together with your order number and photographic evidence of the damaged product(s).

Processing will only occur once you have provided us with all requested information.  Products must be returned within 30 days from the date of purchase.

When returning goods, please enclose:

·       Your receipt

·       The unopened product, and packaging, in its original condition

·       Return address information and contact details (in the case of an exchange)

We will provide a return address once a return request has been generated.

We do not cover return postage costs.  We take no responsibility whatsoever for the loss or damage of product that is being returned.  We recommend using a carrier that offers both traceability and insurance.

Refunds will be processed in Australian dollars.  We are not responsible for any currency fluctuations that result in a difference between the purchase price you paid and refund amount.

We are not responsible for any bank charges incurred by your financial institution as a result of the refund.

Resale of products purchased on the Site

Resale of products purchased via the Site is strictly prohibited, except by authorised stockists listed on apotecari.com.au/pages/stockists. Authorised stockists may not sell our products via third party websites.

Fees and payment

Fees for our products and subscriptions are notified in Australian dollars on the Site.  Taxes may also be charged in respect of the fees.  At any time, and in our sole discretion, we reserve our right to establish, remove or revise our fees.  We will notify you of any changes by publishing the same on the Site.

You are responsible for any payments due for any products you order through the Site.  If we do not receive payment from your credit issuer or its agents, you agree to pay all amounts due to us.  You are also responsible for any costs of collection of overdue payment.

Title in any products will not pass to you until we have received in cleared funds payment in full of the price of the products agreed to be sold to you for which payment is due.

We are not responsible for any credit/debit card transaction fees relating to your purchase.

Fees are payable by credit/debit card and PayPal, or any other means reasonably determined by us from time to time.

International buyers – please note: import duties, taxes and charges are not included in the product price or postage cost.  These charges are your responsibility.  Please check with your country’s customs office to determine what these additional costs will be prior to buying.

Customer reviews

You may post your own personal reviews of product usage so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”.  You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.  We reserve the right to remove or edit such content.  We have the right but are not obligated to monitor and edit or remove any review.

Any reviews (including your display name) submitted shall be and remain our property and we shall have the unrestricted, worldwide right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material and information (in whole or part) worldwide and/or incorporate it in other works in any form, media, or technology.  You also warrant that any “moral rights” in posted reviews have been waived.

Intellectual property rights

Unless otherwise stated, we are the owner of the copyright, trademark and other proprietary rights in the Site and its content.

You are permitted to use the Site, and download and print extracts from the Site, for personal use only.  Any other use, copying or reproduction of the Site, or any part of the Site, is prohibited.

Unless otherwise stated, all brand, product and service names used in the Site are the trademarks, trade names or services marks are owned by us.  You may not use such trademarks, trade names or service marks without our express prior written permission.

Account registration, information and passwords

If you wish to purchase any products or use certain features of the Site, you must open an account with us and provide the required information to us.  You must ensure that the information you provide is adequate, complete and current.  You may not have more than one (1) account.  It is your responsibility to protect your password.  You agree to not disclose your password to any third party, and you are responsible for any activities or actions under your account whether you have allowed such activities or actions.  Any unauthorised use of your account must be notified to us immediately.  You are responsible for any unauthorised use of your account.

If you open an account as a “retailer”, you confirm that you are qualified as a hair stylist/hair dresser or trichologist.

We reserve the right to suspend, disable or terminate your account at any time in our sole discretion.  All decisions regarding the opening, maintenance and closing of accounts rests with us and any decisions we take regarding any aspect of your account is final.

Links

The Site may provide links to other websites.  This is done for your convenience only.  We take no responsibility for the accuracy or currency of the information on those sites.  We do not endorse any information, goods or services referred to within those sites, and our provision of these links should not be taken as an endorsement.

Marketing

From time to time, we may communicate with you via email or other communications about products, promotions and offers that may be of interest to you.

Promotional Terms & Conditions are available separately at https://apotecari.com.au/promotion-terms-conditions/

Disclaimer of warranties and liability

If you choose to use the Site, you do so at your own risk.  We make no representation that anything offered through the Site (including our product) is available for use in other locations, or that it complies with laws and regulations of other locations.  We make no warranty that the Site will meet your requirements or be available on an interrupted, secure or error-free basis.  We make no warranty regarding accuracy, timeliness, truthfulness, completeness of reliability of any content obtained through the Site.

To the fullest extent permitted by law, we disclaim all other warranties of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose, with respect to products listed or purchased on or through the Site.

Notwithstanding anything to the contrary, we disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misapplication.

Limitation of liability

We are not liable to you on any basis (including negligence) for any loss or damage (however caused) arising out of or in connection with your use of the Site or any content or products made available or listed on it, even if we have advised of the possibility of such damages.

To the fullest extent permitted by law, our maximum total liability to you for any claims for damages arising out of or in connection with any product listed or purchased on or through the Site shall be limited to a refund of the purchase price paid for such product.

Severability

If any part of these terms is held to be illegal, invalid or unenforceable by a Court of law, the legality, validity and enforceability of the remaining parts will not be affected.

Waiver

Any failure or delay by us to enforce any provision of these terms will not be interpreted as a waiver of our rights or remedies.

Termination

These terms are effective until terminated by us, which we may do at any time and without prior notice to you.  Any rights or obligations that have accrued up to and including the date of termination will survive.

Applicable law

These terms, and all related matters, shall be governed and interpreted by the laws of New South Wales and Australia.

Any dispute under these terms shall be subject to the exclusive jurisdiction of the Courts of New South Wales and Australia.

Privacy policy

We are committed to protecting your personal information.  Please refer to our Privacy Policy which describes how we collect and manage your personal information.  By agreeing to and accepting these terms, you also agree to and accept the terms of our Privacy Policy.

Feedback

We value and welcome your feedback, comments and suggestions.  If you have any feedback, comments or suggestions about the Site or these terms, please contact us at hello@apotecari.com.auY