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Terms & Conditions

Welcome to the www.gempharmacy.my website (the “Website”) Terms and Conditions.

GEM Pharmay provides the service set out in our website. Your use of this website is governed by the Terms and Conditions set out below. By using the website, completing the customer registration with us or placing an order on the website you agree to be governed and bound by the Terms and Conditions.

 

1. Use of the Website

To be eligible to purchase goods on this Website and to lawfully enter into and form contracts on this Website you must have:

  1. Registered to use the Website;
  2. Over 18 years of age and a holder of a valid debit/credit card.

You confirm that the personal information which you are required to provide when you register as a customer is true, accurate and up to date in all respects. If your personal information changes then please contact us immediately by e-mail on hello@gempharmacy.my. 

You agree not to impersonate any other person or entity or to use a false name.

Please review our Privacy Policy, which explains our use of information you provide via the Website.

This contract shall be concluded in Malaysia and is governed by Malaysian Law.

 

 2. Privacy

The information we gather consists of: name, address, telephone number, e-mail and credit card details. Any other information you wish to provide is offered under your own discretion and by your own decision.

When you provide personal information, it is provided to enable us to process your order. By providing it you consent to it being used by GEM Pharma Sdn Bhd.

We may use this information for internal purposes only for assessing our business processes: enhancing the web site, business and marketing development.

This information will only be used internally and not given out to anyone outside the company.

We may use this personal information to notify you of our products, promotions and special offers, unless requested not to. We may disclose personal information to comply with any legal process or government request.

Any information disclosed to us that is not requested is done at the customer's initiative.

We implement physical, electronic, procedural safeguards to protect your personal information.

Should any part of the company be sold you agree to transfer of this personal information.

We cannot be held liable for any breach of security outside of our control. 

This Privacy Policy may be adjusted and improved from time to time. You agree to these changes by referring to the Privacy Policy from time to time.

 

3. Placing an Order and Order Acceptance 

By clicking on the confirm order button you place your order request for goods from the Website. You will be guided through the process of placing an order by a series of simple instructions.

All orders are subject to acceptance and availability. The items in your online shopping cart are not reserved and may be purchased by other customers until it is checked out. GEM Pharmacy reserves the right to cancel order for any reason.

 

Once you have placed your order, we will send to you an acknowledgement providing you with a payment reference and the value of your order, which has been debited from your credit/debit card.

 

If you do require any information regarding your order(s) please contact us on hello@gempharmacy.my. We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorization for your payment or if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time.

If we are unable to fulfil your order we will contact you by email advising you of this.

 

4. Description of Products

We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are accurate at the time when the relevant information was entered onto the system.

This may not always be up to date.

We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy.

We attempt to be as accurate as possible when describing products on the Website. However, to the extent permitted by applicable law or due to certain limitations encountered through the mechanics of the Website, we cannot guarantee that product descriptions, colours or other content available on the Website are accurate, complete, reliable, current, or error-free.

 

5. Payments

GEM Pharmacy accepts payment from the following: Visa, American Express, and Mastercard.

All prices indicated for products on the website are exclusive of delivery charges.

The total cost of your order is the price of the products ordered and delivery charges as set out in the Delivery.

Payment can be made by any of the methods specified in the Payment section of this Website and payment will be debited and cleared from your account as set out in the Payment section of this Website.

 

6. Passing of Property

We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us.

Legal ownership of the goods will immediately revert to us if we refund any such payment to you.

All products we may supply you are for personal use only and cannot be re-sold.

 

7. Shipping Fees

GEM Pharmacy provides a flat rate of RM7 for shipment to West Malaysia, RM 20 to East Malaysia. 

 

8. Delivery and Acceptance

We aim to process and deliver all orders within 24 hours of receiving. But due to third party shipping company, orders may take up to 7 working days to be delivered.

GEM Pharmacy does not accept any liability for delayed delivery caused by any third party. As soon as you have received the goods, you will assume all risk of the goods.

Please ensure that you enter a complete and accurate delivery address when placing your Order. We cannot be held responsible for items which go missing or are delayed due to inaccurate or incomplete delivery address information that you provided to us when placing your Order.

We apologise, but currently we are unable to process and ship orders to destinations outside of Malaysia.

 

9. Returns, Exchange and Refund

GEM Pharmacy operates on no refund policy. All products are considered as Final Sales and are not eligible for return/ refund.

However, GEM Pharmacy provides Return/ exchange of products or Refund only for:

  1. Incorrect item(s)
  2. Expired stocks upon delivery
  3. Or any factory defected item(s) purchased directly from our website: gempharmacy.my.

 

GEM Pharmacy has the sole and exclusive right to determine if a product is defective. If a product is deemed by GEM Pharmacy to be defective, we will provide an exchange. Minor damage to packaging is not considered "defective."

How long do I have to request an exchange?

You have five (5) days from the date your product is delivered to request an exchange.  After that, GEM Pharmacy will not process an exchange request.

How do I request an exchange?

Please email to hello@gempharmacy.my for assistance.  Please have your order number and the credit card or gift card you used to make your purchase handy.

 

10. Cancellation

If you need to cancel your order, please notify us within 24 hours of placing it by emailing hello@gempharmacy.my inserting the word "cancellation" and the order number in the subject section. Please note that we do pride ourselves on shipping orders quickly, and we may not be able to cancel it in time.

If you cancel your order after we have dispatched the goods, we regret we cannot make a refund if you have changed your mind once the goods have been dispatched. See Section 9 in regards to our refund/ exchange policy.

 

11. Customer Service

If you have any queries in respect of the goods, suggestions or questions relating to the Website and /or products please contact us: hello@gempharmacy.my

 

12. Vouchers 

Vouchers provided to you are non-transferable and cannot be used in conjunction with any other promo code or offers and must be redeemed by the date published, if provided.

 

12. Limited Liability

The Website is presented "as is". We make no representations or warranties of any kind in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable, whether legal or otherwise, under any circumstances, for any of the following:

  • Interruption of business;
  • Access delays or access interruptions to the Website;
  • Data non-delivery, misdelivery, corruption, destruction or other modification;
  • Loss or damages of any sort incurred as a result of dealings with or the presence of off-Website links on the Website;
  • Computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party websites;
  • Any inconsistencies, inaccuracies, omissions or misleading, false or deceptive statement in the content
  • Events beyond our reasonable control.

Further, to the extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Website regardless of the form of action whether in contract, tort (including negligence), or otherwise.

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your use of the Website. You also agree to indemnify us for any loss, damages, or costs, including reasonable legal fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

 

13. Conclusion

You acknowledge and agree that as written here, Terms and Conditions, together with our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any goods from GEM Pharmacy.

We reserve the right to change these Terms and Conditions at any time and we encourage you to visit these Terms and Conditions periodically to ensure that you are fully aware of our Terms and Conditions. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms and Conditions.

We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.

We reserve the right to refuse to supply goods to any person for any reason whatsoever, to withdraw any goods from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any goods from this Website whether or not such goods have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun. If you have any questions regarding these Terms and Conditions, please contact us by email at hello@gempharmacy.my