These Terms and Conditions (“Terms”), together with our Privacy Policy, apply to your use of the Dukasa Dispensary website operated by Dukasa Pty Ltd (“Dukasa”, “we”, “our”, “us”) and located at [https://www.dukasa.com.au] (“Site”).

By accessing, browsing, or using the Site - including placing an order - you agree to be bound by these Terms and our Privacy Policy (together, the “Agreement”). If you do not agree to these Terms, you must not access or use the Site.

These Terms govern:

• your use of the Site; and
  
• the supply of any products or services ordered through the Site.

We may amend these Terms from time to time. Updated Terms will be published on the Site and will take effect immediately upon publication. Continued use of the Site constitutes acceptance of the revised Terms.

In this Agreement:

"Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

"Business Day" means 9:00am - 5:00pm Monday to Friday, excluding public holidays in Victoria, Australia.

"Content" means all materials on the Site, including text, graphics, images, logos, design, layout, software, and intellectual property.

"Patient" means the individual or legal entity named on the Order.

"Order" means an order placed via the Site, including submission of prescriptions or e-scripts.

"Order Price" means the total price payable, including GST and Delivery Fees.

"Prescription Only Medicine" means medicines classified as Schedule 4 or otherwise requiring a valid prescription under applicable Australian law.

"Products" means medicines and other goods supplied by Dukasa.

"Services" means services offered by Dukasa via the Site.

"Site" means the Dukasa Dispensary website.

"You / your" refers to the person accessing or using the Site and, where applicable, the Customer.

References to the singular include the plural, and vice versa. Headings are for convenience only and do not affect interpretation.

You must use the Site only in accordance with these Terms and all applicable laws.

You agree that:

• information provided by you is accurate, complete, and current;
  
• you will not misuse, disrupt, interfere with, or attempt to gain unauthorised access to the Site;
  
• you will not reproduce, distribute, or commercially exploit any Content without prior written consent.
  

We do not guarantee uninterrupted access to the Site and do not warrant that Site content is always complete, current, or error-free. Information on the Site may change without notice and should not be relied upon as the sole basis for medical or purchasing decisions.

The Site may include links to third-party websites. These links are provided for convenience only. Dukasa is not responsible for third-party content, services, or privacy practices, and you access such sites at your own risk.

When placing an Order, you must follow the instructions provided on the Site and ensure all details are correct before submission.

Prices:

• are displayed in Australian dollars;
  
• include GST unless stated otherwise; and
  
• may change without notice.

Dukasa reserves the right to refuse, cancel, or limit Orders, including where pricing errors occur or Products are unavailable.

Payment must be made in full at the time of ordering or upon request. By placing an Order, you authorise Dukasa to conduct payment verification, fraud prevention, and security checks as reasonably required.

An Order is not accepted until confirmed by Dukasa.

Not all Products or Services displayed may be available at all times. We may limit quantities, discontinue Products, or refuse Orders at our discretion.

Product images are indicative only. Due to the nature of pharmaceutical products, variations in appearance may occur.

You agree to use Products only as directed and for their intended purpose. Products must not be used unlawfully or in a manner inconsistent with professional advice.

All information on the Site is provided for general informational purposes only and does not constitute medical advice.

Nothing on the Site is intended to diagnose, treat, cure, or prevent any condition. Always consult your prescribing doctor, pharmacist, or qualified healthcare professional regarding treatment decisions, dosages, or suitability of Products.

Information on the Site does not replace instructions provided with medication packaging or labels.

Once payment is received, Orders will be prepared for delivery.

You acknowledge that:

• Dukasa arranges delivery as your agent;
  
• delivery services are provided by third-party couriers;
  
• risk and title pass upon dispatch or delivery (as applicable).
  

Delivery times are estimates only and delays may occur due to factors outside our control. Dukasa is not liable for courier delays or delivery failures caused by incorrect delivery details or recipient unavailability.

Additional fees may apply for redelivery or failed delivery attempts.

Due to the consumable and regulated nature of pharmaceutical Products:

• returns or exchanges are not accepted except as required by law;
  
• damaged, faulty, or incorrect Products must be reported within 24 hours of delivery.

Complaints will be reviewed in accordance with the Australian Consumer Law. Outcomes depend on the circumstances of each case.

You agree to indemnify us and our officers, directors, employers or contractors (collectively, the ‘Indemnified’) and to keep indemnified and hold harmless the Indemnified from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and/or expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with, your access to, and use of, the Site, any breach by you of this Agreement or your or anyone else’s use of the Products or Services. 

Under no circumstances shall we or any other party involved in creating, producing or distributing the Site be liable for any direct, indirect, incidental, special or consequential damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from:the use of or inability to use the Site; the cost of procurement of substitute Products and Services resulting from any data, information or services purchased or obtained or message received or transactions entered into through or from the Site; negligent or wilful acts of Astrid, its directors, officers, employees and or representative; or any other matter relating to the Site. 

You agree to indemnify and hold Dukasa, our directors, officers, employees and representative harmless from any claim or demand, including reasonable level fees, made by any you or third party due to or arising out of the content you submit, post to, or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.

To the maximum extent permitted by law, we exclude all: conditions, guarantees or warranties expressed or implied by law; andany liability to you or to any third person however arising (and whether arising under statute, negligence or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill), arising out of, or in connection with, access and/or use of, the Site, or any Products or Services Ordered on, or via, the Site and this Agreement.

Without limiting the generality of the foregoing, you agree that in no event shall our maximum aggregate liability exceed the fee paid by you to us for the Products in your Order. You acknowledge and agree that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.

To the maximum extent permitted by law, all typographical, clerical or other errors or omissions in sales literature, quotations, price lists, acceptances or offers, invoices or other documents or information issued by us will be subject to correction without any liability on our part.

We are committed to protecting your privacy and personal information. Please see our Privacy Policy for further details about our practices relating to the collection, use, disclosure and storage of your personal information.

We reserve the right to make changes to this Agreement without notice to you. Any amendments to this Agreement will have immediate effect from the time that they are published on the Site.

Although we do our best to provide the most up-to-date information on the Site as this becomes available, we cannot warrant the accuracy or completeness of the information provided.

Any provision of this Agreement that is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.

A failure or delay by us to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.

To the extent permitted by law, this Agreement, its terms and conditions and the Use of this Site shall be governed by the laws inexistence from time to time in Australia. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the internal laws of the state of Victoria and you agree to submit to having the matter dealt with in a court in Melbourne in the State of Victoria, Australia. 

If you have any questions about these Terms & Conditions, please contact us:

Email: info@dukasa.com.au

Phone: (03) 9822 3668