These terms and conditions represent the agreement between you (user) and us (PHARMABAY NIGERIA LIMITED) and our controlled subsidiaries, assignee and agents.
SPAM POLICY
At Pharmabay.ng we dislike SPAM as much as you do, which is why we take a zero-tolerance stance against SPAM. At no time will we engage in SPAM or other direct-to-consumer advertising without your permission. PHARMABAY is hosted using best practices to ensure continued customer security. User Data is stored separately on a non-internet facing server for added-protection. All communication is encrypted using HTTPS/TLS and hardened using multiple techniques. We will always do our best to protect our customers from unsolicited emails and contacts.
Any information we collect from you would be used solely to provide enhanced use experience for you.
PHARMABAY NIGERIA LIMITED will never:
1 – Phone you or email you to ask for credit card information or bank information, Social Security Numbers, bank PIN numbers, bank account numbers or other personal banking information.
2 – Ask for money transfers or money-like transfers
3 – Sell or share your email address and/or personal information with outside parties for use in marketing without your consent.
If you feel you have received unsolicited contact from us, please contact us as soon as possible so we can investigate the situation. Please email us at info@pharmabay.ng
TERMS OF SALE
PHARMABAY NIGERIA LIMITED, which includes its employees, officers, directors, affiliates, representatives, agents, contractors, and sub-contractors is an online marketplace, based in Nigeria, that specializes in assisting patients obtain high quality, affordable prescription and non-prescription medications and services. In addition to engaging in the sale of Products, PHARMABAY NIGERIA LIMITED is also engaged in the business of facilitating sales transactions on behalf of authorized pharmacies and/or government approved dispensing facilities both within Nigeria and internationally. Since you may not be resident in the same area as PHARMABAY NIGERIA LIMITED, it is necessary for you to authorize PHARMABAY NIGERIA LIMITED to act as your authorized agent so that you may obtain the Products. The following terms and conditions (collectively, the “Terms of Sale”) govern the services provided by PHARMABAY NIGERIA LIMITED and you in relation to obtaining the Products offered for sale. By accepting delivery of the Products described on a purchase order (an “Order”), the Customer agrees to be bound by and accepts these Terms of Sale.
THESE TERMS OF SALE APPLY TO ALL TRANSACTIONS, BOTH CURRENT AND FUTURE, INVOLVING THE SERVICES PROVIDED BY PHARMABAY NIGERIA LIMITED AND THE PURCHASE OF PRODUCTS. IF YOU DO NOT AGREE TO THESE TERMS OF SALE, PHARMABAY NIGERIA LIMITED, AS YOUR AUTHORIZED AGENT, WILL NOT BE ABLE TO FACILITATE YOUR PURCHASE OF PRODUCTS FROM PHARMABAY NIGERIA LIMITED. IF YOU HAVE RECEIVED PRODUCTS WITH THESE TERMS OF SALE, AND YOU DO NOT AGREE TO BE BOUND BY THEM, YOU MUST RETURN THE PRODUCTS WITHIN 30 DAYS BY CONTACTING PHARMABAY NIGERIA LIMITED AT THE CONTACT NUMBER AVAILABLE ON ITS WEBSITE AT (the “Website”).
1. About You.
By placing an order via PHARMABAY NIGERIA LIMITED, You acknowledge that You are of the age of majority in the jurisdiction where you reside, are of sound mind, and are fully competent to make your own decisions. You also agree to be bound by these Terms of Sale with full knowledge and without undue influence or duress. You acknowledge that these Terms of Sale are readily accessible on the Website and that You have been provided with the opportunity to obtain independent legal advice with respect to these Terms of Sale.
2. Personal Examination.
You understand it is your responsibility to have your prescribing physician (“Your Own Physician”) conduct regular physical examinations, including all suggested testing, to ensure that You have no medical problems which would constitute a contraindication to You taking the Product. You certify that You have had a physical examination by Your Own Physician within the last twelve (12) months from the date of accepting delivery of the Products described in the Order.
3. Power of Attorney.
You appoint PHARMABAY NIGERIA LIMITED, as required, to act as your agent in order to take all steps that are deemed necessary to have the Product dispensed, to the same extent that You could do if You were personally present, including: (a) collecting personal health information; (b) disclosing that information to and having a licensed physician (the “Secondary Physician” or Pharmacist ) perform an independent medical review of your personal health information and the prescription issued by Your Own Physician in order to obtain a valid prescription for the Product, if required; (c) packaging the Product; and (d) arranging for an agent such as a courier or mail delivery service to deliver the Product to You. You hereby waive any requirement of the Secondary Physician to conduct a physical examination of You prior to issuing a valid prescription for the Product, if required. This authorization may be revoked at any time and shall continue until such revocation has been provided by You to PHARMABAY NIGERIA LIMITED, in writing.
4. Parent/Legal Guardian.
If You have placed the Order for a child under the age of majority or a dependent, you hereby confirm You are the parent, legal guardian and/or have power of attorney for the child under the age of majority or dependent, with full authority to agree to these Terms of Sale on their behalf.
5. Prescription Required for Some Medications
For some medications deemed to require a prescription by Pharmabay Nig Limited due to extant regulations, you acknowledge that no Order will be accepted, unless You deliver a valid original prescription issued by Your Own Physician based upon a personal consultation and examination, as referenced in paragraph 2 above.
6. Self-Selected Medication and Products
Many products offered for sale by the pharmacy can be self-selected. By self-selecting a product, you confirm you are competent in its use and are self-accountable for the outcome from its use. Pharmabay Ltd welcomes all consultation or questions about any product. We are always ready to help.
7. Shipping.
Delivery of the Products ordered from PHARMABAY NIGERIA LIMITED takes place when the Products leave the Pharmacy. As your authorized agent, PHARMABAY NIGERIA LIMITED will arrange for the shipping of the Products to your home, office, or other addresses you otherwise indicate. Shipments take from two (2) days to eight (8) weeks to arrive depending on the distance. There may be occasions due to unforeseen circumstances that can impact these delivery times. In the event that shipment of the Products is delayed, the Pharmacy might arrange for a replacement order to be sent to You at no additional cost. We pride ourselves in the quality of our service and will work hard to ensure that You receive the Products as soon as possible. PHARMABAY NIGERIA LIMITED is not liable for any damages suffered due to delay in shipment or failure of the Products to arrive within a specified number of days.
8. International Products.
Not all Products offered for sale by PHARMABAY NIGERIA LIMITED are Nigeria Food & Drug Administration (NAFDAC) approved. Please note that the food and drug regulator in your country of residence may have taken the position that virtually all shipments of Products imported from another country may have violated the laws in your country of residence. By placing an Order for Products and/or services under these Terms of Sale, you acknowledge that You are aware of the position of the law on this in your country of residence and that You may be contacted by the Food and Drug regulating agency in your country of residence regarding the importation of the Product by You from the Pharmacy.
9. Payment Terms.
The price(s) for the Products shall be as specified by PHARMABAY NIGERIA LIMITED and as set forth at the time of acceptance of the Order. Prices may be subject to change without notice. Any Order placed by You is not binding on us until accepted, in writing. Credit terms are at the discretion and as specified by the Pharmacy. Payment for the Order placed by You may be made by any form of credit or payment accepted by the Pharmacy.
10. Shipping Charges, Taxes.
Charges for shipping and handling will be shown on the invoice issued to You. You are responsible for all service taxes, sales and other taxes associated with the Order and as required by PHARMABAY NIGERIA LIMITED. If applicable, separate charges for taxes will be shown on the invoice issued to You.
11. Warranties
The Manufacturers of the Products are solely responsible for any warranty associated with the products. To the maximum extent permitted by law, PHARMABAY NIGERIA LIMITED and the Vendors disclaim all warranties and conditions, express or implied, in respect of the products and services contemplated by these terms & conditions, including, without limitation, implied warranties and conditions of merchantability and fitness for a particular purpose. Responsibility for claims in respect of the products is limited to replacement of the products.
12. Return Policy.
PHARMABAY NIGERIA LIMITED does not accept return of Products for any credit unless the Products were dispensed in error, contrary to the valid prescription, or delivered to the wrong address provided by You at the time of placing the Order. Please visit the Website to view the current return policy for Products.
13. Privacy Policy.
You must fully and accurately disclose your personal health information and consent to its use by us, the pharmacist, and Secondary Physician, as required. By submitting an Order to PHARMABAY NIGERIA LIMITED, You have consented to the collection and use of your personal information as described in PHARMABAY’s “Privacy Policy”.
14. Force Majeure.
PHARMABAY NIGERIA LIMITED shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control including, without limitation, delays due to backorders of requested Products, mail delays, customs delays, and lost shipments. Although PHARMABAY NIGERIA LIMITED will make reasonable efforts to maintain good client relations, PHARMABAY is not responsible to notify You in the event of any delay. You shall be solely responsible to make such arrangements or purchasing alternative Products in the event of any such delay. Any such costs incurred in association with such purchases shall be solely borne by You.
15. Governing Law.
Title to the products passes to You when they leave the PHARMABAY NIGERIA LIMITED. Any and all agreements reached or contracts formed and transactions undertaken are and shall be deemed to be made in the jurisdiction of PHARMABAY NIGERIA LIMITED and shall be governed by the laws of the jurisdiction of PHARMABAY NIGERIA LIMITED. The laws of that jurisdiction shall have sole and exclusive jurisdiction over any dispute arising between You and PHARMABAY NIGERIA LIMITED under these Terms of Sale.