Medical Disclaimer

Any product information or advice on this site is provided for informational purposes only and should not be used as a substitute for the advice provided by your own medical practitioners. You should not use the information contained here for diagnosing or treating a health problem or disease. You should read all product information carefully before purchasing and if you suspect you have a medical problem, promptly consult your heath-care professional. Prices, Specification and Services are subject to change without prior notice. Technical Specifications and Features are for guidance only and cannot be guaranteed accurate. Every care has been taken to provide accurate details on this web site, however minor discrepancies may appear.

Limitation of Liability
In no event shall Eclipse Pharmacy (and from this point on, La Hood's Chemist 2018 Ltd) or our agents, directors, employees or suppliers be liable for lost profits or any special, incidental or consequential damages, arising out of or in connection with the use or performance of information, the provision of or failure to provide services or products, or material available from the site.

To the extent that we or our agents, directors, employees, or suppliers are found liable for any loss or damage whatsoever in connection with the use of the information or services or products on this site, such liability will be limited to the actual cost to us of the services or products provided.

Terms & Conditions
Eclipse Pharmay provides services to you subject to the following notices, terms and conditions. In addition, when you use any of our services, you will be subject to the rules, guidelines, policies, terms and conditions applicable to such service. Terms and Conditions of Sale:

Definitions
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:- "Products" means any products forming the subject matter of this Contract. "Contract" means a contract for the sale by us to you of the Products. "Price" means the price for the Products, and includes GST (where applicable) and shipping costs but excludes any local payments for Customs or Duty. "Site" means the Eclipse Pharmacy website and all affiliated Internet websites. "Nominated Payment Authority" means Visa, MasterCard or American Express.

Introduction to the Site
This Site is owned and operated by La Hood's Chemist 2018 Ltd, a New Zealand Registered Company. By using this Site, you agree to these Terms and Conditions. If you disagree with any of these terms and conditions, you should not access or use this Site. Our legal business name is La Hood's The Chemist 2018 Ltd. We shall sell and you shall purchase the Products from this Site in accordance with these Terms and Conditions only. You acknowledge that you are aware of the contents of these Terms and Conditions.

ORDERS, PRICE AND PAYMENT

You must order the Products in accordance with the instructions on this Site.

You will pay for the Products by authorising us to charge any one of your Nominated Payment Authorities.

All payments for the Products are payable in NZD, the currency displayed when an order is placed.

We undertake that these goods are new and in good condition.

The price for the Products shall be the price quoted on our Site at the time of making your order.

Payment will be made in full without any deductions for fees, bank charges or taxes, or any other such charges.

Except where specifically stated, our prices do not include any import fees, duties, tariffs or other charges associated with importing the Products to any Country other than New Zealand.

If you elect to pay by cheque, your order will not be processed and the Products will not be dispatched until such time as your check has cleared.

You are solely responsible to ensure that You are legally entitled to purchase the goods and importing them to their destination, including ensuring that You are complying with any relevant customs, food, health or other regulations or laws relevant to Your selling destination.  We offer no undertakings or opinions on these matters whatsoever.

4. All goods We sell to You are sold on an ‘Ex Works’ basis – meaning that You will assume title and risk for the goods as soon as they are collected from Us by the freight company.
5. You are responsible for all freight costs, charges, taxes, custom requirements or other factors or costs which are or may become relevant of whatsoever nature or source.
6. Any goods which are returned to New Zealand by customers or the freight forwarder cannot be credited to You.  We can attempt to resend them to You at your cost, but We are not permitted to resell any such goods once they have been dispatched from our warehouse.
7. We are happy to assist you with your shipping requirements by arranging freight on your behalf.  Notwithstanding that we may arrange freight for you, You are solely responsible for the costs and risks associated with ownership and freight of the goods from the point they are collected from our warehouse.  By requesting that We arrange and manage the freight on your behalf You agree to be bound by the same terms of service that We have with our freight forwarder, and You agree to take on any such liability and risk that may be associated with it on an Ex Works basis.  
8. You also understand that even though We arrange freight on Your behalf, We do not insure our goods for transit to You, so by using our freight forwarder You will not be entitled to any credit or refund from Us for any goods that are lost or damaged.
9. We will use all reasonable efforts to help you with any problems you may have with delivery of your goods. You agree, and fully understand, that parcels do go missing, and may not ever be located.  Where goods go missing or arrive damaged, we will use our reasonable efforts to seek compensation from the freight forwarder on your behalf. Any such compensation received from our freight forwarder will be credited to you, less a 10% administration fee for our time and efforts managing this for You and less any bank charges, taxes or other fees that may be payable in paying the compensation on to you.  You understand that any compensation obtained will not cover the costs of the goods you purchased.
10. Sometimes Customs in New Zealand or other countries may take action against goods leaving or entering their relevant country.  You are solely responsible and liable for any such action by any such Customs which may include loss of the goods, return of the goods to the sender, or the requirement to pay additional taxes, levies, duties or other charges before the goods will be released, including any additional costs, such as the cost of freight to return the goods to sender.  You also understand that any goods held and lost by customs cannot be subject to any compensation claim on the freight forwarder, as it is not considered their fault. Goods over NZD1,000.00 maybe subject to customs declaration. All responsibilities for customs clearance and associated costs lie soley with the purchaser.
11. These Terms and Conditions and any business interactions We may have with You shall be exclusively governed by the laws of New Zealand.

Payment
You must pay us for the purchase of the Products in full by authorising us to charge your Nominated Payment Authority on the date which we dispatch the Products to you from our premises.

All orders are charged in NZD. Please note: pricing is worldwide and shown in NZD. In New Zealand we have to show GST content so whilst this may show up on your invoice no GST is charged on overseas orders.

The Products
We may revise and/or discontinue Products at any time without notice.

Title and Risk
Orders are not binding upon Eclipse Pharmacy or its Franchisees or Agents until accepted by Eclipse Pharmacy or its Franchisees or Agents. Should Eclipse Pharmacy not accept your order, no charge will be made to your Nominated Payment Authority.
We remain the owners of the Products we supply to you until you have paid in full all amounts that you owe to us for all the Products.
Products are at your risk as soon as they have been delivered to you.

Freight & Delivery
We will freight the Products to you by whatever method and route we consider to be the most expedient.
If we have specified a delivery date or method, we will try and deliver the Products to you by that date and method. However, (a) We will be entitled to deliver the Products to you after the stated delivery date or cancel the contract without being liable to you in any way if the delay in delivery is in respect of causes outside our control or we or our delivery contractors are unable to deliver the Products to you; (b) We may deliver the Products to you by installments in any quantities and each delivery will be a separate contract independent from the other deliveries.

Eclipse Pharmacy will freight products on a one-way basis only, from New Zealand to the Customer. Eclipse Pharmacy are not responsible for costs associated with return shipping to New Zealand, and re-sending, in the case of Customer order errors for example.

In the case of misplaced/lost orders, Eclipse Pharmacy (La Hood's Chemist 2018 Ltd) must be advised in the maximum time window of three months from order date. This is due to insurance requirements.

Eclipse Pharmacy uses a Postal input system that migrates across addresses. Customers directly input into the our Content Management System. Eclipse Pharmacy are therefore not responsible for delivery issues related to Customers inputting incorrect addresses. 

Eclipse Pharmacy will not refund value of goods if all reasonable attempts have been made to secure a customer signature, and have failed.

The correct address information you provide is critical in ensuring that your parcel is delivered in a timely manner. Please check your address details are correct and provide a phone number where possible. All attempts will be made to deliver your parcel however, if your parcel is returned due to insufficient address information, an additional freight charge will be incurred to redeliver.

Unfortunately we do not ship products to the following regions, for example:

Some parts of Asia

South America

Middle East

Pakistan

India

Eclipse Pharmacy may expand this list without notice.

Eclipse Pharmacy may be required to refund the purchase if the shipping location is outside the regions listed above.

Return of Products
You may return Products to us in one of the following situations:

Where nothing is wrong with the Products and you have simply chosen to return the products because, for example, you have changed your mind. In this situation you have 5 days (14 days for deliveries outside New Zealand) from the date of the products dispatch to return the Products back to us. We may at our option, either: (i) credit your Nominated Payment Authority with an amount equal to the cost of the Products (excluding any handling and freight costs); or (ii) provide you with a Credit Note for a sum equal to the cost of the Products (including handling and freight). All Products returned in accordance with this clause must be returned in their original condition and box/packaging, along with any accompanying accessories and Warranty Card.

Where the Products are damaged in transit. In this situation you must immediately advise the delivery organisation and Eclipse Pharmacy that the goods are damaged. You must retain all packaging material for 60 days. Upon receipt of the damaged goods, we will either: (a) replace the Products; or (b) give you a full refund on your Nominated Payment Authority; or (c) credit your Eclipse Pharmacy account. You must cooperate with all inquiries and claims we or any delivery organization may make in connection with any compensation for any damage whilst in transit.

Where products are faulty on arrival you should contact us immediately to arrange the return of the faulty item.

All Products must be returned in their original condition and packaging, along with any accompanying accessories and any Warranty together with the invoice and/or packing slip. You are responsible for the safe and secure return of Products. Wrap the Product and all accessories in the original box and appropriate packing and send it to us by a secure delivery method or, together with the invoice which accompanied the Product to:

Eclipse Pharmacy, Unit 2, 18 Tamworth Lane, Gore, Southland 9710, New Zealand.

You must also provide us with the following information:

The reason for the return of the Product which must be one of the following:

*your choice.

*the Product received is not that which you ordered.

*the Product(s) are faulty or damaged on delivery.

If you have any problems regarding your order - you may contact us at sales@eclipsepharmacy.com (citing your order number).

Proof of posting is not proof of receipt and we suggest you return Products by the same delivery method by which you received them.

An exception to full return of products is concerning products intended for 'intimate use', e.g. the AveoTSD.

Warranty & Guarantees
Subject to the specific terms of these Terms and Conditions we guarantee: (a) The safety of your Credit Card; (b) That every transaction you make with Eclipse Pharmacy will be safe. (c) That you can cancel the transaction at any point if unhappy with goods (d) Your privacy in respect of any transactions that you enter into with Eclipse Pharmacy.

Everything that we sell to you is guaranteed on the following terms: (a) Where the Consumer Guarantees Act 1993 applies to this contract: (i) If the Products are acquired by you for business purposes, you agree that the Consumer Guarantees act 1993 does not apply; and (ii) If the Products are not acquired by you for business purposes, we reserve the right to repair or replace any Products which fail to comply with any guarantee contained in the Consumer Guarantees Act 1993. (b) Where you supply the Products in trade to a person acquiring them for business purposes, it must be a term of your contract with that person that the Consumer Guarantees Act 1993 does not apply in respect of the Products. (c) You acknowledge that we do not provide any Express Guarantees (as defined in the Consumer Guarantees Act 1993) other than those expressly confirmed by us in writing.

Nothing in these Terms and Conditions are intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, and these Terms and Conditions are to be modified to the extent necessary to give effect to that intention.

We shall not be liable to you for any damage or loss of Products due to external causes, including Government Customs issues, accident, abuse, misuse, usage not in accordance with Product instructions, failure to perform required preventive maintenance, and problems caused by use of supplied parts and components not supplied by us.

Not withstanding anything else contained in these Terms and Conditions, we shall not be liable to the you for loss of profits or contracts or any indirect or consequential loss arising from negligence, breach of contract or howsoever.

Any product information or advice on this site is provided for informational purposes only and should not be used as a substitute for the advice provided by your own medical practitioners. You should not use the information contained here for diagnosing or treating a health problem or disease. You should read all product information carefully before purchasing and if you suspect you have a medical problem, promptly consult your heath-care professional. We will not be liable for any damages, losses or liabilities, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. We will not be liable for any damages, loss or injury, including, but not limited to special or consequential damages that result from the use of or the inability to use, the materials in this Site.

Nothing in this Site is to be construed as a recommendation to use any Product.

Restrictions on Use
Material from this Site and other Sites owned, operated, licensed or controlled by us or any of our related, affiliated, or subsidiary companies may not be copied, reproduced, distributed, modified, published, uploaded, posted, or transmitted in any way, without our prior written consent.
Modification, distribution, or use of the material contained in our Site for any purposes other than for your personal use directly violates our intellectual property rights. The material contained within this site is copyrighted and protected by worldwide copyright laws and treaty provisions, and is provided for lawful purposes only.

Copyright
Unless otherwise specified all materials appearing on this site, including the text, site design, logos, graphics, icons and images, as well as a selection, assembly and arrangement (collectively defined as the "Marks") thereof, are proprietary to Eclipse Pharmacy copyright © 2015 ALL RIGHTS RESERVED or other respective owners that have granted Eclipse Pharmacy the right and license to use such Marks. All software used on the Site is our sole property. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with Eclipse Pharmacy or using this site as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of Eclipse Pharmacy is strictly prohibited. You may use the content of this Site only for the purposes of shopping on this Site, or placing an order and for no other purpose. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Eclipse Pharmacy respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Eclipse Pharmacy - Mark La Hood MPS., mark@lahoods.com

Disclaimer
Although the information provided in this Site is presented in good faith and believed to be correct as of the date it was submitted, we make no warranties or representations about the accuracy or completeness of this Site, its content or the content of any Web Site "hyper linked" to or from this Site. We reserve the right, but make no binding commitment, to update or correct the terms and conditions and information contained in this Site at any time, without notice.

Applicable Laws
Except as otherwise described, all materials in this Site are made available only to provide information about this Site, and Products and services to be supplied on the Site. This Site is controlled and operated by us, from offices within New Zealand. We make no representation that the materials in this Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited.

If you choose to access this Site from other locations, you do so at your own initiative and you are responsible for compliance with applicable local laws.

You may not use or export the materials in this Site in violation of New Zealand laws and regulations.

You acknowledge that Products licensed or sold hereunder are subject to the export control laws and regulations of New Zealand.

Trademarks
In connection with the supply of Products and services pursuant to this Site, we use a substantial number of other trademarks and service marks on this Site. These trademarks and service marks may not be used or reproduced without our prior written permission.

General
Nothing in these Terms and Conditions shall affect the statutory rights of you dealing with us as a consumer under the Consumer Guarantees Act.

Save that we can at any time assign the Contract to any affiliate; neither party shall assign or otherwise transfer the Contract or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of the other.

If any provision of these Terms and Conditions are held by any competent authority to be invalid or unenforceable in whole or in party, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

The headings to the clauses of these Terms and Conditions are for ease of reference only and shall not affect the interpretation or construction of these Terms and Conditions.

This Agreement shall be governed by and construed in accordance with the laws of New Zealand and shall be subject to the non-exclusive jurisdiction of the New Zealand Courts.