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Legal Terms and Conditions

Introduction

Welcome to Clicks, South Africa’s leading pharmacy, health and beauty retailer. This website contains information about Clicks and the extensive range of health, beauty and household goods stocked by Clicks. You are able to shop online or visit your nearest Clicks store for a wide variety of the products we stock.

General Corporate Terms

This website (“Website”) is hosted and managed in the Republic of South Africa and is owned by Clicks Retailers (Proprietary) Limited (Registration No. 2000/013054/07) of Cnr Searle & Pontac Streets, Woodstock, Cape Town, 8000; PO Box 630, Cape Town, 8000, South Africa (telephone: 0860 687 422 0860 687 422 (0860 CLICKS); fax: +27 (0)21 465 9922) (“Clicks”). The directors of Clicks are DA Kneale and M Fleming. Clicks elects this address for all purposes in connection with these Terms. These Terms and your use of this Website shall be governed by the laws of the Republic of South Africa and the parties to these Terms are you and Clicks. By continuing to use this Website you accept these Terms.

Save for any liability which may arise in terms of applicable law, Clicks will not be liable for any loss, damage or expense arising from the use of or reliance upon the information provided on this Website and does not guarantee the completeness or accuracy of the information contained on this Website.

You consent to the exclusive jurisdiction of the High Courts in the Republic of South Africa in respect of any disputes arising out of your use of this Website or in respect of these Terms.

Clicks reserves the right to amend or replace these Terms from time to time. Any amendments to these Terms, or the new Terms, as the case may be, will be published on this Website. You are only granted a limited right to access and make personal use of this Website. This right does not permit you to reproduce, distribute, sell, modify or otherwise use the content of this Website, or any portion thereof, for any public or commercial purpose, without the prior written consent of Clicks, or as provided for in these Terms.

By accessing this Website you agree to be bound by and to adhere to these Terms. Should there be any provision in these Terms that you do not understand, the onus is on you to ask Clicks to clarify the relevant provision to you before you accept the Terms.

The manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 can be viewed at http://www.clicksgroup.co.za/legal/legal.html.

Responsible Use Policy

This Website is provided by Clicks “as is” and Clicks makes no representations or warranties as to the operation of this Website or the content thereof. Clicks does not warrant that the service from this Website will be uninterrupted, timely or error free.

Clicks does not warrant that this Website, its server(s) or any electronic mail sent from this Website are free of viruses or other harmful components. You are solely responsible for the protection of your hardware and software from viruses and other harmful components.

No person, business or website may link to this website without prior permission of this Website. The inclusion of any link on this Website to any other website does not imply an endorsement by Clicks of that linked website or any services or products offered on that linked website.

Comments made via this Website must not violate the right(s) of any third party, including any intellectual property, privacy or other personal or proprietary right. Comments containing any defamatory, unlawful, abusive or obscene material will be deleted at Clicks’s discretion and the contributor of such comments will remain accountable towards any third party to whom harm has been caused. Clicks and its third party service providers shall not be responsible, and shall have no liability to you, with respect to any information or materials posted by others on this Website.

Clicks does not necessarily endorse or agree with the comments posted on this Website. Comments posted on this Website are reflective of the views of the contributor thereof and do not necessarily represent the views of Clicks or its third party service providers. Please note however, that your comments will become the property of Clicks and Clicks will not be limited in the use of any of your comments. Clicks will not compensate you for its use of any comments made via this Website.

Neither Clicks nor any of its employees, agents or affiliates shall be liable for any damage or loss of any nature, and howsoever arising, including out of the use of or inability to use this Website, any reliance placed on the content of this Website or any website which is linked to this Website by a hyperlink. By using this Website you indemnify Clicks, its employees, agents and affiliates against all such losses and damages.

Clicks reserves the right to suspend this Website or any part thereof or to terminate your account at any time if Clicks deems that you are not using this Website in compliance with these Terms.

Pharmacy services and app

Online Script Management

The following terms apply to your use of the Online Script Management Service (“Service”). These terms are additional to the Website terms on www.clicks.co.za (“Website”) and the Clicks App (“App”) which also apply. If you have any questions concerning the Service, please contact us on 0860-254-257 or [email protected]

The medication ordered through the Service will fall under the authority of the responsible pharmacist of the dispensing pharmacy selected by you during the ordering phase. All dispensing pharmacies are operated in compliance with all relevant legislation and related regulations.

Medicines ordered using the Service are for collection only to enable face-to-face counselling of the patient by a pharmacist. Medicines will not be delivered.

In order to collect your medicine, you must produce the original prescription at the dispensing pharmacy upon collection of the medicine. Only the prescriptions of persons authorised to prescribe in South Africa will be dispensed. Prescriptions may not be older than 30 days from date of issue for one time prescriptions or where repeat medication is indicated on the prescription then the prescription must not be older than 6 months from date of issue.

The fees for medicines on the App/Website is in compliance with all regulations and rules regarding the transparent pricing system for medicines and scheduled substances, the advertising of medicine and the services for which a pharmacist may levy a fee and guidelines for levying such fees. Please note that prices may differ when medicine is claimed from your medical aid.

Age restrictions and prescriptions for person other than yourself

If the prescription is for a person other than yourself, you will need to have authority of the person whose prescription is to have it dispensed by us. By placing an order to dispense another person’s prescription you confirm that you have their authority to do so.

A legal guardian may order repeats for those persons who are under their care and who are below the age of 16

Register

Registration for the service will take place on the App/Website. Please refer to the FAQs on the Website for more information on registration.

Once you have registered and selected your dispensing pharmacy, the following details will be supplied to you electronically via email:

(i) Details of the prescription ordered;
(ii) The registration number of the dispensing pharmacy;
(iii) The physical and postal address of the dispensing pharmacy;
(iv) Telephone numbers to contact the dispensing pharmacy;
(v) The name of the responsible pharmacist of the dispensing pharmacy
(vi) The hours that the pharmacist will be available for consultation.

Only 1 month supply will be dispensed for repeat or chronic prescriptions.

Each prescription is professionally assessed by a pharmacist. You will then receive an SMS notification that your medication is ready for collection at your dispensing pharmacy.

Collection

When collecting your medication please ensure that you provide the pharmacy with the original prescription. The pharmacist at the dispensing pharmacy will provide information and instructions to ensure the safe and effective use of medicine. You must check the items dispensed to you carefully and promptly upon receipt. If you believe there may have been a dispensing error, please contact the dispensing pharmacy immediately. Do not take any medication that appears to have been tampered with or which may have been dispensed in error. Not all products are suitable for all medical ailments and occasionally, their use may interfere with any treatment you are receiving or aggravate a condition. Please consult with your Doctor before using any medicine.

Payment

Payment for medication will be processed in-store when collecting your medication.

Returns or Cancellations

According to the Medicines and Related Substance Act, NO MEDICINES ARE RETURNABLE FOR CREDIT. The ruling has been made for Health and Safety reasons and is in your best interests. Clicks can face criminal prosecution if this law is not complied with. Orders are subject to availability of the medicine. Special order medicines cannot be cancelled. Clicks reserves the right to cancel an order for which payment has already been received from your medical aid. This may occur if the dispensing pharmacy does not stock a specific medicine or the stock is insufficient. Should Clicks exercise this right, Clicks will reverse the funds to your medical aid.

Disclaimer

Nothing contained in the App/Website should be construed as medical, commercial or other professional advice. Detailed professional advice should be obtained before taking or refraining from any action based on any of the information or material contained in the App/Website or any communications provided to you as a result of your registration.

Clicks makes no claims or representations that any or all of the content of the App/Website may be lawfully viewed or downloaded outside of the Republic of South Africa, and unless otherwise specifically stated , the content of the App/Website is directed solely at users who access the App/Website from the Republic of South Africa.

Product, Promotion and Pricing Content displayed on the Website

Our online catalogue is stocked with a wide range of products to help you look and feel good for less.

The images of the products reflected in our online catalogue are for illustration purposes only and are subject to availability. Certain goods offered for sale on this Website have been parallel imported. This means that the goods are the original unmodified genuine goods, but they are not imported by the authorised or licenced supplier of the goods. Therefore the warranty on these goods will be honoured by Clicks in accordance with the Returns and Defective Item provisions hereunder, and not by the manufacturer or its authorised or licensed supplier.

We reserve the right to limit quantities of promotional products to 6 (six) per customer.

Prices are correct as at the time of publication on this Website, but are subject to change without notice. Clicks will take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of products on the Website, however should there be any errors on the Website, we will not be liable for any loss, damage or expense that you incur in connection with such error, save for in the case of any incorrect purchase price, in which case we will refund to you any amount already paid.

Prices will be displayed in South African Rand and include VAT. Prices are applicable to cash and credit card purchases only, include any discounts and may differ when claiming from your medical aid.

Should Clicks not be able to fulfil any order at the advertised price due to sold out stock, Clicks will inform you via your elected method of communication. If you have already paid, Clicks will reimburse you for the rand value you have paid for such product.

Prices on this Website apply to South Africa only and products purchased via this Website will only be delivered within South Africa to areas where we deliver. Prices may vary in stores in Botswana, Namibia, Swaziland and Lesotho. Some products are not necessarily available in all Clicks stores and the prices on this Website may vary in-store from time to time, therefore Clicks makes no guarantee that any particular product will be available at the price displayed on this Website in the Clicks store of your choice. Please contact your relevant store to ascertain the availability of the product concerned or phone our Customer Service Centre on 0860-254-257 (within South Africa) or +27 21 460-1009 (outside South Africa).

Online Shopping

You must be 18 years or older to place an order via this Website. You can either register and complete an online shopping profile, or shop as a guest. When checking out as a guest, you will need to provide personal details and a delivery address in order to complete the transaction. Clicks will not store this information, unless you explicitly request that we do so. We encourage all shoppers to register and create an online shopping profile to ensure future online shopping transactions are quick and easy. Once you have completed an online shopping profile and have registered, you agree to keep your username and password secure and confidential. Selecting a product and adding the product to your shopping basket does not constitute a sale or order. Your order will be deemed to be confirmed once you electronically submit a completed order for one or more products offered by this Website and your payment has been authorised and you have received a tax invoice which will be sent to you via your selected communication method.

Payment

Our online payment options are administered by PayU, a specialist third party payment provider who are trusted experts in the field of secure online payments. You may pay for your order by one of the following payment methods:

• Credit card: Visa or MasterCard;
• Debit card: Visa or MasterCard.

Payment with Clicks Rewards or gift vouchers is not accepted for orders placed via this Website.

The above payment methods are explained in more detail in our Frequently Asked Questions (“FAQ”). Payment will be effected on confirmation of your order and prior to delivery. The total value of your online order will debited against the payment method tendered during the checkout process.

Once you have selected your payment method and accepted these Terms, you will be directed to PayU’s secure site for payment of the applicable purchase price for the goods. Your payment will be presented to the bank for authorisation. Should such authorisation be declined, you order will be cancelled. Should the authorisation be successful, your order will be processed for delivery to you. Your payment details are held by PayU in a secure encrypted server which is not accessible from the Internet. For further information regarding online payments with PayU please see our FAQ’s or visit www.payu.co.za . This Website will maintain a full record of every transaction concluded via this Website for a period of 12 months from date of such sale.

Cancelling Orders

Clicks reserves the right to refuse to processing of the payment for any order and/or to cancel any purchase, partially or completely, with notice given to you.

If you discover that you have made a mistake with your order and the order has not yet been confirmed by Clicks as set out in the Online Orders section above, please contact the Customer Service Centre on 0860-254-257 or [email protected] immediately. Clicks cannot guarantee that we will be able to amend or cancel your order in accordance with your instructions. Orders cannot be cancelled once they have been confirmed by Clicks as set out in the Online Orders section above. You are, however, entitled to return the products in accordance with the Returns and Defective Items sections hereunder. Delivery fees are non-refundable for cancelled orders or returned orders.

Delivery

Delivery is estimated to occur within 1-3 working days from the day that your order has been confirmed and it is subject to stock availability. Although Clicks will make every effort to meet the time frame for delivery, certain factors may affect delivery times and we cannot guarantee that every item will be delivered in such time frame. Deliveries will take place during office hours (8am to 5pm, Monday to Friday). No deliveries will be made on weekends and public holidays. Please note that it might not be possible for Clicks to deliver to certain areas. During the checkout process you will be required to enter your postal code and address to determine if you are eligible for door-to-door delivery. Clicks does not deliver to PO Box addresses.

When delivery is made you will receive a delivery note displaying the following:

• Detail of items delivered
• Any items not available
• Delivery fees
• The total amount debited or paid, including VAT.

A delivery is considered complete as soon as the parcel is accepted by you or an individual on your behalf at your specified delivery address. Anyone who takes receipt of the parcel is presumed to be authorised to accept delivery on your behalf. For verification purposes, the person accepting the parcel may be required to produce some form of identification (identity document/drivers licence/passport). Should nobody be present at the address at the time of delivery, the parcel will remain with the courier company. The courier company will leave a notice at the delivery address to indicate that there was an attempted delivery. You will be contacted to arrange an alternative delivery time. Please note that we reserve the right to charge an additional delivery fee for a second attempt at delivery. Delivery will then be effected for a second time at the indicated delivery time. If at that time there is no one present at the address, the parcel will be returned to our warehouse and a return will be processed for the products purchased. The delivery fee is non-refundable. You will be contacted in order to confirm the refund method you would prefer.

It is your responsibility to ensure that you or the intended receiver of the parcel inspect(s) the parcel on arrival and makes known any complaints. The receiver has the right to refuse the parcel if it appears to have been opened or if it has been damaged.

Delivery Fee

Clicks charges a standard non-refundable delivery fee to deliver door-to-door and this fee will be displayed when you view your cart before checkout. See FAQ for more information on deliveries.

Some items (heavy or large, based on volumetric weight) may carry additional delivery fees the customer will be informed of this fee after the purchase and the order will be refunded in full if the delivery fee is not acceptable to the customer. Every reasonable effort is taken to ensure that the delivery costs displayed on the site are correct at the time of your purchase. However, if a delivery fee is incorrectly displayed, Clicks will not be obliged to deliver products at an incorrect delivery fee. Clicks will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct delivery fee.

Returns

If you are not satisfied with your purchase you may return it to a Clicks store within 60 (sixty) calendar days for a full refund, replacement or exchange if:

• you have the original tax invoice provided with the order
• the item is in its original unopened packaging

For hygiene reasons, personal grooming items, audio sound equipment, cosmetics, pantihose, jewellery for any body piercings cannot be returned, except where defective. Gift cards and airtime may not be returned or exchanged. The re-dispensing of a medicine which has been returned is prohibited. Clicks will accordingly not accept the return of any medicine for credit or replacement unless there is a defect in the medicine or its packaging at the time of supply, or if an incorrect medicine has been dispensed.

Defective Items

Should any item that you have purchased online or at any Clicks store be the subject of any manufacturing defect or failure, or is unsafe, as contemplated in the Consumer Protection Act, 2008 (“CPA”), it may be returned to a Clicks store for repair or replacement, or in exchange for a refund, within six months of the date of purchase, subject to the CPA. Clicks and/or its supplier reserve the right to examine the product and test the product to confirm the alleged defect, failure or safety hazard existed at the time of purchase, before the product will be repaired, replaced or refunded.

Clicks private label electrical and hi-tech products are covered by a 12 (twelve) month guarantee. The guarantee excludes degradation and/or defects arising as a result of normal wear and tear and/or misuse of the product. We reserve the right to test the product to confirm the alleged defect, before the product will be repaired, replaced or refunded.

Complaints

Complaints and claims must be brought to the attention of Clicks by calling the Customer Service Centre on 0860-254-257 (within South Africa) or +27 21 460-1009 (outside South Africa) (Monday to Friday, 07:00 to 18:00 and Saturdays, 09:00 to 13:00), or emailing [email protected]

Competitions & Promotions

Special terms and conditions apply to all promotions and competitions run by Clicks. Competition terms and conditions can be viewed under each respective competition on this Website or under https://clicks.co.za/competitions/view.

Promotional/Discount Coupons

Clicks may at its discretion release printed or digital promotional or discount coupons (“coupons”) from time to time. Such coupons may be available through this Website and/or from third-party websites, in magazines and other media. Coupons are issued with specific terms that regulate how and when they can be used. The onus is on you to check the full coupon terms to ensure that you understand these terms.

Gift Vouchers

Gift vouchers can only be purchased in-store and are not available for purchase on this Website.

Health Information Centre

Reliance on any information provided on this Website is solely at your own risk.

The content of this Website is provided as a service to you for educational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. If you are experiencing symptoms or need medical advice, you should seek the advice of your healthcare professional.

Privacy Statement

It may be necessary for Clicks to disclose your personal information [as defined in the Protection of Personal Information Act 4 of 2013] to our employees, divisions or associates, suppliers, business partners who participate in ClubCard (“Affinity Associates”) and third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of goods, the delivery of goods or the submission of any claim regarding any goods you have purchased.

By disclosing or submitting your personal information to us you consent to us processing your personal information for the purposes described in these Terms. This includes: (a) your personal information being processed by Clicks within the Clicks database; (b) your personal information being shared within the Clicks group of companies; (c) your personal information being shared with Affinity Associates and third parties who have a strategic marketing relationship with Clicks; (d) receiving printed and electronic marketing material to inform you of special offers and products that may be of interest to you; and (f) receiving marketing material from Affinity Associates and third parties who have a strategic marketing relationship with Clicks.

The information provided to Clicks via this Website is processed and recorded in Clicks’ computer system.

You have the right, in accordance with the relevant legislation, to (a) obtain access to your personal information held by Clicks; (b) to request the correction, destruction or deletion of your personal information held by Clicks; and (c) to object to the processing of your personal information. It furthermore remains your responsibility to inform Clicks of any changes to your personal information.

You may opt-out of any direct marketing received from Clicks should you so elect, by notifying Clicks thereof in writing, alternatively, telephonically via the Clicks’ Customer Service Centre on 0860 254 257 or +27 (0)21 460 1009.

In addition, you may object to your personal information being shared with Affinity Associates or third parties who have a strategic marketing relationship with Clicks, by notifying Clicks in writing of such objection, alternatively telephonically via the Clicks’ Customer Service Centre on 0860 254 257 or +27 (0)21 460 1009. If you object to your personal information being shared with Affinity Associates or third parties who have a strategic marketing relationship with Clicks, prior to the information being shared with such Affinity Associates or third parties, Clicks will not disclose your personal information to Affinity Associates or third parties. If you object to the sharing your personal information subsequent to the information being shared with Affinity Associates or third parties, Clicks will instruct such Affinity Associates or third parties to destroy or delete all records containing your personal information and to refrain from retaining any record thereof.

You will only be contacted should you subscribe to our newsletter updates, like us on Facebook, indicate via e-mail that you wish to be informed of special offers and/or other offers.

This Website server will collect the IP addresses of visitors who access this Website.

This Website makes use of cookies to identify the computer device with which you connect to this Website. Clicks reserves the right to restrict your use and access to this Website or part(s) thereof in the event of any unauthorised use thereof.

Copyright and other intellectual property

All material on www.Clicks.co.za (editorial and audio-visual) is protected by copyright. All the Website’s intellectual property rights are specifically reserved.