Terms and Conditions

BY OPENING AN ACCOUNT AND/OR PLACING AN ORDER FOR PHARMACEUTICALS WITH PLANET DRUGS DIRECT LIMITED OVER ITS WEBSITE, YOU AGREE THAT ALL RESULTING SALES OF PHARMACEUTICALS TO YOU BY PLANET DRUGS DIRECT WILL BE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

Definitions: In these terms and conditions:

“Customer” means a person who has opened an account with Planet Drugs Direct and placed an Order over the Website.

“Order” means an order placed by a Customer over the Website for the sale of Pharmaceuticals by Planet Drugs Direct to the Customer.

“Prescribing Physician” has the meaning given to it in clause 1(e).

“Planet Drugs” means Planet Drugs Direct Limited.

“Pharmaceuticals” means any pharmaceuticals advertised for sale over the Website from time to time and, in relation to an Order, the pharmaceuticals described in that Order.

“Order” means an order, placed by the Customer over the Website, for the purchase of Pharmaceuticals.

“Website” means the website operated by Planet Drugs Direct on which these terms and conditions are posted.

“Written Prescription” has the meaning given to it in clause 1(e).

1. The Customer warrants that:

(a) all information and details provided by the Customer to Planet Drugs Direct (whether when opening an account with Planet Drugs, placing an Order, communicating with Planet Drugs Direct in any way over the Website, providing information on request by Planet Drugs Direct or otherwise), are when provided, and remain, true and correct in every respect.

(b) the Customer will fully disclose to Planet Drugs Direct all pertinent information and documentation in relation to each Order.

(c) he/she is of the age of majority in the jurisdiction of his/her residence and is lawfully entitled under the laws of such jurisdiction to acquire any and all pharmaceuticals included in any Order.

(d) he/she is not restricted from making his or her own medical decisions under the laws of the jurisdiction of his/her residence.

(e) any Pharmaceuticals ordered were lawfully prescribed to the Customer by a medical doctor licensed to practice medicine in the jurisdiction of the Customers residence (the “Prescribing Physician”) under a written prescription for the same, a true and complete copy of which prescription has been provided by the Customer to Planet Drugs Direct with the Order (the “Written Prescription”).

(f) the Pharmaceuticals ordered will be used only as directed by the Prescribing Physician and only by the person for whom the Pharmaceuticals were prescribed.

(g) the Customer will stop using the Pharmaceuticals immediately he or she suffers any unexpected side effects or reactions and will consult his or her Prescribing Physician.

2. The Customer acknowledges and understands that Planet Drugs Direct is relying on the Customer’s warranties stated above in accepting any Order from the Customer and supplying any Pharmaceuticals to the Customer and otherwise dealing with the Customer in any respect.

3. The Customer undertakes to notify his or her Prescribing Physician of any material changes to his/her physical or medical condition (apart from improvements expected as a result of using the Pharmaceuticals), whether or not such change in the Customer’s physical or mental condition occurs before or after the use of the Pharmaceuticals.

4. The Customer acknowledges and understands that:

(a) by supplying Pharmaceuticals to the Customer, Planet Drugs Direct does not undertake any duty, responsibility or liability to make any assessment of, or decisions about, the Customer’s medical condition or the suitability of the Pharmaceuticals for treating the Customer’s medical condition, and such duty, responsibility and liability remains with the Customer and his or her Prescribing Physician.

(b) Planet Drugs Direct may be required by law, or may elect, to have a licensed physician (the “Contracting Physician”) review the Written Prescription and the Customer’s Patient Questionnaire completed online via the Website for the purposes of independently verifying whether the Pharmaceuticals are appropriate for supply to the Customer. The Customer acknowledges and agrees that by making such arrangements and reviewing the Written Prescription and the Customer’s Patient Questionnaire, neither the Contracting Physician nor Planet Drugs Direct is rendering or providing any medical service or advice to the Customer.

(c) any pharmacists or physicians contracted by Planet Drugs Direct are located and licensed to practice medicine or pharmacy outside of the USA.

5. Placement of an Order by a Customer constitutes an offer by the Customer to purchase the Pharmaceuticals described in the Order at the prices stated on the Customer Order Form. Planet Drugs Direct reserves the right to accept or reject any Order without giving any reasons. No contract of sale is formed between Planet Drugs Direct and the Customer unless and until the Order is accepted by Planet Drugs Direct by shipping or arranging the shipping of the Order.

6. By opening an account and placing an Order with Planet Drugs, the Customer agrees to pay Planet Drugs Direct the price(s) for the Pharmaceuticals contained in each Order and authorises Planet Drugs Direct to charge to the Customer's credit card the total price shown in the Order including shipping charges. In the event that payment is not authorised or made for any reason, Planet Drugs Direct reserves the right to cancel the Order and/or withhold shipment of the Pharmaceuticals. If the customer places an order requiring a prescription, the customer authorizes Planetdrugsdirect to obtain a prescription directly from the prescribing physician if the prescription provided by the customer has expired or is incorrect in any way.

7. Planet Drugs Direct reserves the right to change the prices of Pharmaceuticals at any time by notification on the Website, except that it may not change the price of Pharmaceuticals comprised in an Order once that Order has been accepted by it.

8. The Customer acknowledges and agrees that Planet Drugs Direct may engage any third party pharmacy or fulfilment company to dispense or supply any or all of the Pharmaceuticals under, or otherwise fulfil, any Written Prescription/Order.

9. To the maximum extent permitted by law:

(a) All warranties, representations and undertakings as to the quality, fitness for purpose, or otherwise in relation to the Pharmaceuticals are excluded.

(b) None of Planet Drugs, its directors, officers, shareholders, employees, agents, contractors, independent contractors, Contracting Physicians or pharmacists (collectively “Releasees”) will have any responsibility or liability, nor be made subject to any demand or claim, for any damage, loss, injury, sickness, illness, or other detriment of any nature or kind whatsoever suffered by the Customer (and whether in contract, tort, equity or otherwise) in connection with the use of the Website and/or ordering, receiving or use in any manner whatsoever of the Pharmaceuticals, or arising from any act or omission, whether negligent or otherwise of any Releasee, and the Customer hereby releases and forever discharges each of the Releasees absolutely from any and all such claims, demands, liabilities or other detriments.

(c) If the Customer is lawfully entitled to make any claim against Planet Drugs Direct notwithstanding the above provisions:

(i) Such claim must be made within 2 months of the date of shipment of the Pharmaceuticals by Planet Drugs. No claim will be valid unless made within this period.

(ii) The maximum amount for which Planet Drugs Direct will be liable to the Customer in respect of such claim is US$100.

(d) The Customer indemnifies the Releasees from and against any damage, loss, injury, sickness, illness, or other detriment of any nature or kind whatsoever and the reasonable legal costs of the Releasees, suffered by the Releasees or any of them as a result of breach of any of these terms and conditions or breach of any laws in the country of residence of the Customer in connection with the supply of the Pharmaceuticals by Planet Drugs Direct to the Customer.

10. Planet Drugs Direct does not permit any return, exchange, or refund in relation to any Pharmaceuticals once the Pharmaceuticals have been mailed or shipped by Planet Drugs Direct or the dispensing pharmacy or fulfilment agent as engaged by Planet Drugs Direct (as applicable), and any return, exchange or refund is at the sole discretion of Planet Drugs.

11. The Customer acknowledges and agrees that any and all agreements reached or contracts formed and transactions undertaken with or involving Planet Drugs Direct as a result of acceptance of any Order by Planet Drugs Direct or otherwise via the Website shall be deemed to be made in, and shall be governed by, the laws of the country in which Planet Drugs Direct is incorporated, and that the courts of that country shall have sole and exclusive jurisdiction over any dispute that arises between the Customer and Planet Drugs Direct.

12. The Order and these terms and conditions constitute the entire agreement between Planet Drugs Direct and the Customer concerning the purchase of the Pharmaceuticals comprised in any Order. In particular, in purchasing the Pharmaceuticals, the Customer has not relied upon any representation or warranty, which is not expressly written and contained in these terms and conditions.

13. Planet Drugs Direct and the Customer agree that the United Nations Convention on the International Sale of Goods is excluded and will not apply to any contract for the sale of Pharmaceuticals resulting from the acceptance by Planet Drugs Direct of any Order.

14. The Customer agrees to comply with any statements, policies (whether regarding the use of the Website or otherwise) and instructions posted by Planet Drugs Direct on the Website from time to time as though the policies and instructions formed part of these terms and conditions. Planet Drugs’ Privacy Statement is posted on the Website at all times.

15. Planet Drugs Direct may send notices to the Customer at any of the contact details (including email address) contained in the Customer’s account information. Notices sent by email will be deemed received by the Customer upon sending unless Planet Drugs Direct receives notification by email marshal or similar services that the email has not been successfully transmitted to the Customer within 4 hours of sending.

16. If any provision of these terms and conditions is or is deemed to be unlawful, void or unenforceable for any reason, that provision shall be deemed to be severed from these terms and conditions and shall not affect the validity or enforceability of the remaining provisions of these terms and conditions.

17. These terms and conditions may be amended by Planet Drugs Direct at any time by posting the amended terms and conditions on the Website, and will apply to any Orders placed by the Customer after the time of posting.