Terms and Conditions
Throughout this site, the terms “we”, “us” or “our” refer to Hearts & Crosses and the term "site" refer to www.heartsandcrosses.com.au.
Hearts & Crosses provides you with access to heartsandcrosses.com.au subject to the following terms and conditions. If you access, visit or shop on heartsandcrosses.com.au, you accept these terms and conditions.
Please read them carefully.
- By placing an order online, you consent to receiving emails from us to complete the ordering process, e.g. to confirm your order and to provide fulfillment and delivery updates.
- You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosure and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your account and your information
- You must provide accurate and complete information about yourself when requested by a relevant form on this website.
- We can only evaluate the suitability of our products and services based on the information that you provide. Please use the Contact Us form on the Site if you need to provide additional information that is not already requested by the relevant form on the site.
- You are responsible for maintaining the confidentiality and security of your account, password and computer. All activity made under your account is your responsibility.
- Persons under the age of 18 may only use our website only with involvement of a parent or guardian.
- You agree to indemnify Hearts & Crosses from any loss or damage to Hearts & Crosses arising from your use of heartsandcrosses.com.au, any breach by you of these terms and conditions of use, or a claim that your use of this website infringes any intellectual property rights of any third party or is defamatory.
- This website contains information about common medical conditions and general treatments. This information is designed to provide general health information and is not exhaustive.
- Information available on this site should not be used for diagnosing or treating a health problem or disease. Please see a healthcare practitioner and read the label before following any medical or health regime or before taking any medication or supplement. In the event of illness or the persistence of symptoms, the advice of your healthcare professional should be sought.
Reviews and comments
- We may allow visitors from time to time to post reviews, comments or other content, make suggestions or comments, providing always that such material must be posted from your genuine email address, may not be (in Hearts & Crosses’ sole opinion) impersonating another person or entity, spam, political, illegal, offensive, obscene, threatening, defamatory, invasive of privacy, a breach of intellectual property rights, or otherwise damaging to any party. We reserve the right (but not the obligation) to remove or edit such content.
- If you do post content or submit material, and unless we indicate otherwise, you grant heartsandcrosses.com.au and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
- You grant heartsandcrosses.com.au and its associates the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify heartsandcrosses.com.au or its associates for all claims resulting from content you supply. heartsandcrosses.com.au has the right but not the obligation to monitor and edit or remove any activity or content. heartsandcrosses.com.au takes no responsibility and assumes no liability for any content posted by you or any third party.
Placing of orders
- Each order you place will be reviewed by our Pharmacist before being compounded and shipped to you. We may need to contact you as part of the review to make sure that the order will be safe and suitable for you.
- Each order for a Prescription Only Medicine requires you to be in possession of a valid Prescription written by an Australian Medical Practitioner, Dental Practitioner or Nurse Practitioner in accordance with the Drugs and Poisons Act. You are required to submit an electronic copy of your Prescription at the time of purchase and send in the original hard copy by post to us. We reserve the right to verify the authenticity of your Prescription.
- In certain circumstances, we may need to reject your order, including but not limited to where the requested product is not available or if there is an error in the price or the product description posted on the Site or we determine that the order placed has significant misconfigurations or certain legal requirements have not been fulfilled.
- If we reject an order placed through the Site, we will endeavor to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
- Each order placed for products through the Site that we accept results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will supply the products in that order to you in accordance with these terms and conditions and send you an email confirmation of that order.
- In certain circumstances, we may need to cancel your order after it has been processed and provide you with a full refund. This includes (but is not limited to) where we suspect the transaction has been made without the authority of the credit card holder or an order for a Prescription Only Medicine was made without you providing a valid Australian Prescription.
Delivery of products
- After ordering online, you will receive an email confirmation from Hearts & Crosses containing your order number, details of your order and a link to track its progress. However, on account of the nature of the internet we cannot guarantee receipt. Please add the Hearts & Crosses email address in your contact address book to ensure emails are not sent to junk mail or blocked by your firewall.
- We may use a number of service providers to deliver our products, which may include but not limited to Australia Post and Fastway Couriers.
- We will only deliver products ordered through the Site to a location where we provide delivery services. To see a list of restricted destinations please see our Frequently Asked Questions.
- You may receive multiple deliveries for your order and these are described at the point of checkout or advised through follow up communication post-purchase.
- The delivery fee, if applicable, will be stated at the checkout page.
- You acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your order. If no-one is available to collect your order at the time that is delivered, our service providers will leave written instructions on how you can collect your order from the nearest collection point.
- We accept no responsibility for any additional fees or charges that may arise from non-delivery due to, but not limited to, Delivery Address not accessible, no one present to receive delivery at the Delivery Address and supply of an incorrect Delivery Address by you. We reserve the right to charge an additional fee for the re-delivery of products under these circumstances.
- We accept most major credit cards including Visa, MasterCard and American Express. Please note that we do not accept international credit cards online.
- Please be sure to provide your exact billing address and telephone number - the address and phone number your credit card bank has on file for you. Incorrect information may cause a delay in processing your order.
- Your credit card will be billed as soon as your order is placed and you will be emailed a tax invoice as soon as you complete your online order. By default, we do not store your credit card details. However, we may do so in circumstances such as, but not limited to, you providing us consent to store your details or you purchasing a subscription program that requires on going and recurring billing. In the event that we cannot fulfill your order or some items cannot be shipped, we will refund the difference back to your credit card. These refunds may take several business days to appear on your statement.
- If you are purchasing goods and services using a subscription plan that requires on going and recurring billing, your nominated credit card will be charged when we commence processing of your next instalment of that good or service. This can be up to 14 days prior to when your next instalment for that good or service is expected to be due to allow for processing and delivery times. Once your next instalment has commenced processing, you cannot cancel the order for that particular instalment and you are not entitled to a refund in that situation. To cancel or defer subscription order times, you must make the changes by directly updating preferences on the Site or by contacting us before processing for your next instalment occurs.
- In the case of purchasing custom built prescriptions or products using the feature presented on the Site, we endeavour, to the best of our ability, to display to you an accurate price at the time of purchase. The price displayed is calculated using complex algorithms and sometimes may differ from the price of the product once finalised and ready to deliver to you. You will be charged the calculated price at the time of purchase. If there is any difference to the price you paid and the finalised product price, we will contact you to inform of this difference and the reasons for this difference. You have the option to pay the difference if the price is more than what you have already paid, receive a refund for the difference if the price is lower than what you have already paid or cancel the order and receive a full refund if your product has not already been made.
- All orders placed on the Site require a Credit Card. In the case of orders placed with a Coupon, you will still need to provide your Credit Card details to authenticate the order but will only be charged the amount shown on the screen at checkout.
- We grant you a limited license to access this site for personal use. You may not modify, copy or otherwise deal with it without our express written consent.
- We reserve the right to suspend or deny your access to any or all of the pages on heartsandcrosses.com.au. We will not be liable to you or any other party for termination of access to the site.
- We reserve the right to temporarily or permanently interrupt or disable some or all services on Heartsandcrosses.com.au at any time.
- All material on site and that subsisting under it (including but not limited to text, images, data, formulas and software) is our property, or that of our suppliers, and is protected by intellectual property laws.
- Hearts and Crosses and its related logo and motifs are Registered Trademarks. Wellness Your Way, Vitamin Rituals and Care Lab are trademarks of Hearts and Crosses.
- You may not use our trademarks in connection with any product or service that is not ours, in any manner that is likely to cause confusion, or in any way that disparages or discredits us.
- All other trademarks not owned by Hearts & Crosses or its related companies that appear on this site are the property of their respective owners.
- You may not frame or utilise framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.
- All product formulas and formulations, including those that are developed for your use or developed in collaboration with you, are the sole property of Hearts and Crosses and may not be used, reproduced or sold without our consent. You agree that in the case of products and formulations that are developed for your use or developed in collaboration with you, that you forfeit all commercial and/or legal interest in favour of Hearts and Crosses, including but not limited to legal ownership, royaly payments and commissions.
- We may occasionally invite you to choose a custom name for a product or formulation developed that we have developed for your use. You agree that this product name remains the sole property of Hearts and Crosses and may not be used, reproduced or sold without our consent.
- You agree that we may, at our discretion, advertise a product or formulation that we developed for your use or developed in collaboration with you, for sale on the Care Lab and that we may advertise the product or formulation in conjuction with your initials (eg. "Product for HL"). The use of your initials in this manner does not in anyway way insinuate a right to commercial and/or legal interest by you and you forfeit all commercial and/or legal interest in favour of Hearts and Crosses, including but not limited to legal ownership, royalty payments and commissions. In this regard, we respect your right to privacy and will refrain from using your initials based on your request.
- You may not in any way commercially exploit any material obtained from heartsandcrosses.com.au.
Third party websites
- The Hearts & Crosses website contains links to other websites controlled by third parties (Third Party Websites). Hearts & Crosses is not responsible for any content on Third Party Websites nor does it endorse or approve such websites. If you choose to visit these Third Party Websites you do so at your own risk and should make your own enquiries before relying on any content contained on such Third Party Websites.
- Hearts & Crosses makes no representations about the quality or accuracy of material available on Third Party Websites or that such material does not infringe the intellectual property rights of a third party.
Warranties and limitations of liability
- This website is provided "as is" and Hearts & Crosses excludes all warranties of any kind to the fullest extent permissible by law. Hearts & Crosses does not guarantee the accuracy or completeness of the website, any information or content on it, or that it is free of defects or viruses.
- To the extent permitted by law, we disclaim, without limitation, all liability for all damage, liability, costs or loss, including direct, indirect or consequential losses, however caused, in connection with your use of this website or your use of or reliance upon any of the information, services or materials contained in the website or provided by the website to you.
- Nothing in this clause is intended to modify any non-excludable statutory rights associated with the sale of products to consumers.
- In these Terms and Conditions:
- We, our or us, heartsandcrosses.com.au and Hearts & Crosses means Hearts & Crosses Compounding Pharmacy (ABN 53 433 662 426) and includes its related companies, directors, employees and agents, and;
- You or your means the person or customers using the website.
- These terms shall be governed by and construed in accordance with the laws of Victoria, Australia. Any dispute under these terms shall be subject to the exclusive jurisdiction of the courts of Victoria, and you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
- Any failure by Hearts & Crosses to exercise or enforce any one or more of its rights under these Terms will not constitute a waiver of such rights unless such waiver is granted to you in writing.
- These Terms and Conditions will be interpreted so that they do not infringe any law or are not invalid. If any term infringes any law or is invalid, it will be read down so that it does not infringe any such or is not invalid. If this is not possible, the term will be severed from these Terms and Conditions without affecting the validity of the remaining terms.