Terms & Conditions

1. USE OF THIS SITE

COVID:
With the prevalence of the Covid-19 pandemic and the resulting disruptions and cancellations of postal delivery services around the world, we unfortunately cannot guarantee any postal deliveries – or – be held responsible for any delays and/or damages of whatever nature you may suffer as a result hereof, during this time. We may, but solely at our own discretion, refund or replace such parcels without altering the terms of this notice in any way.

1.1. Please note that your use of the PainSelect.com website (the “Site”) constitutes your unconditional agreement to follow and be bound by these Terms of Use. PainSelect.com reserves the right to update or modify these Terms of Use at any time without prior notice to you. Your continued use of the Site (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

1.2. By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

1.3. All materials, including images, text, illustrations, designs, icons, photographs and written are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of PainSelect.com or its supplier. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.

1.4. Third Party Sites: References on this Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply PainSelect.com’s endorsement, sponsorship or recommendation of the third party, its information, products or services. The Site is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.

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2. PRICES

2.1. All transactions will be processed in South African Rands (ZAR).

2.2 We do our best to provide you with the lowest prices possible on PainSelect.com. We strive to maintain highly competitive prices and review them regularly in order to serve you with great values.

2.3. While PainSelect.com strives to provide accurate pricing information, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price due to an error in pricing, the Site shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. PainSelect.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

2.4. All prices are expressed inclusive of any additional costs payable, unless otherwise stated.

2.5. The price of the items includes all packaging and postage delivery charges.

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3. AVAILABILITY

3.1 If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you. Please note that we will attempt to deliver substitute items should selected products be unavailable unless you request us not to do so.

3.1 We always make an effort to keep our products updated, so that which you see on the website is actually available for delivery. However, we may still be unable to deliver certain products for a certain duration due to a variety of reasons, which will be explained to you. In that case you can either wait for us to deliver the item with your next order or within 28 days or ask for a full refund.

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4. ACCEPTANCE

4.1 There will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason. At the moment that the goods are dispatched (and not before), a contract will be made between you and us.

4.2 Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance procedures. We will contact you if all or any portion of your order is cancelled. If your order is cancelled after receiving your payment, we will refund you in full.

4.3 PainSelect.com reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price or ‘Out of Stock’ status. This shall be regardless of whether the order has been confirmed and/or payment been received. In the event that payment has been processed by the Site, the same shall be refunded and we will duly notify you by email.

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5. CUSTOMS DUTY/IMPORT TAX

5.1. If you are NOT in the UK, please make sure the medicine you want to buy is allowed in your country. You can simply call your local Customs Office to find out. Some countries like Germany, Thailand and the USA, etc. have very strict Customs regulations. Products with Codeine Phosphate as an active ingredient are particularly disliked by Customs in the USA and in many other countries around the world.

There is no compensation for any loss resulting from goods being seized, confiscated or destroyed by Customs.

5.2. You may be charged customs duties and taxes for products purchased from PainSelect.com because:-

5.2.1. Duties and taxes are most typically not included in the price of the goods you purchase online, and are not included in the overall shipping costs you pay to us when you place an order on our website.

5.2.2. When purchasing goods online, the products will not originate in the country you reside in (all our products are shipped from South Africa), therefore may be subject to a customs duty, which is a tariff or tax imposed on goods when transported across international borders.

5.2.3. When goods are not shipped domestically (within your country) or within a single customs union, such as the European Union, you are liable to pay any inbound duties and taxes which your local customs authority deems appropriate.

5.2.4. To ensure the courier/postal service can deliver your goods in the shortest possible time after entering your country or customs union, the courier/postal service usually pays the customs authority on your behalf for any duties and taxes that are due on the goods.

5.2.5. Once the duties and taxes are fully repaid to the courier/postal service, the goods will then be delivered to you.

5.2.6. What is payable, if anything, depends on the type of goods, their transactional value and the weight of the package. When buying goods on PainSelect.com, you should always check with the customs authorities in your country whether:-

5.2.6.1. They are allowed in your country, i.e. is it legal to import them.

5.2.6.2. Any duties will be charged on the products, if so, how much.

5.2.6.3. They can be imported from outside your customs union zone.

Importing medicine into the UK from South Africa is rarely a problem, especially if delivered by the Post Office, so customers in the UK need not worry. However, the situation in other countries (e.g. Germany, France, etc.) is quite different and one needs to consult the respective customs officials about the legality of importing medicine before placing an order online. There is no compensation for any losses incurred when goods are seized, confiscated or destroyed by Customs, not even when they tell you that the parcel has been returned to sender.

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6. DELIVERY

COVID:
With the prevalence of the Covid-19 pandemic and the resulting disruptions and cancellations of postal delivery services around the world, we unfortunately cannot guarantee any postal deliveries – or – be held responsible for any delays and/or damages of whatever nature you may suffer as a result hereof, during this time. We may, but solely at our own discretion, refund or replace such parcels without altering the terms of this notice in any way.

6.1. Orders will be securely packed in padded envelopes

6.2. Delivery to the UK can be expected within 9 to 14 working days (under normal posting conditions) via the re-mailing system with ReMail it. Orders to other parts of greater Europe should arrive within 14-28 working days. Deliveries to all other destinations may take longer.

6.2.1. Delivery to the UK can be expected within 3 to 5 working days (under normal posting conditions) via the express courier system with ReMail It. This courier system is only applicable to deliveries within the UK.

6.3. During any postal strikes or peak holiday postage times of the year eg: Christmas/New Year, there may be a delay in you receiving your order. Please place urgent orders accordingly.

6.4. If your order has not been delivered within 28 working days in the UK, or 60 working days in all other destinations as a result of our negligence, we will immediately ship a free replacement, once only.

6.5. All postage & packaging costs are already included in the selling price.

6.5.1. An additional flat rate courier fee of R270 will be added to the total price of the order for the express courier mailing option (UK only). We reserve the right to review and amend this additional courier fee at our discretion, at any stage.

6.6. We will, at our own discretion, replace any order, deemed to be damaged or gone missing, as a result of our negligence.

6.7. Unfortunately we don’t ship to these countries: AUSTRALIA/NEW ZEALAND/SOUTH AFRICA

6.8. Delivery will be made to the address specified by you on the completed order form. We will deliver your order to the main entrance of the delivery address. If an error had been made when entering your address details or you did not notify us of any change/alternative address, and your order is not received, you will need to place and pay for a new order.

6.9. If delivery of registered orders has been attempted, the driver will leave notification of attempted delivery and you will need to contact your local post office for re-attempt of delivery or collect.

6.10. Whilst we make every effort to deliver all your goods, and in the agreed time, we will not be held liable if we fail to do so in part or in full due to circumstances beyond our control (e.g. random customs checks, flight delays) or if your order was not collected in due time from your local post office.

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7. CONTENT: PRODUCT DESCRIPTIONS AND IMAGES

7.1. PainSelect.com attempts to be as accurate as possible in its product descriptions. However, the Site does not warrant that product descriptions, product photos or other content of this site is accurate, complete, reliable, current, or error-free. If you find a product is not as described, you may return it in unused condition.

7.2. All content provided in the Site is for educational purposes only. The Site does not provide medical advice. Such content is intended to supplement, not substitute for, the diagnosis, treatment and advice of a medical professional. Such content does not cover all possible uses, precautions, side effects and interactions, and should not be construed to indicate that any product is safe for you. Proper treatment of any condition depends on a variety of personal health factors, and can best be assessed by a health care provider. In addition, before administering any product, it is your responsibility to check product information (including package leaflets) regarding dosage, precautions, warnings and interactions.

7.3. We have made every effort to display the colours of our products that appear on the Site as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate. We may deliver a product whose image does not correspond to what you see on our site. Images are used for illustration purposes only and we give no guarantee that the image is an exact depiction of the actual product being sold.

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8. REPLACEMENTS

8.1. We will consider replacing an order “once-only” and not if the replacement itself gets lost.

8.2. We will only consider replacing a parcel if the full and correct address was provided and if both parties have exhausted every effort to trace it with their local postal services.

8.3. We will not be held responsible for, or replace any goods confiscated by your local Customs agency.

8.4. We will not post to Australia, New Zealand or South Africa.

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9. CANCELLATIONS

9.1. You can cancel or change any of your current orders up until 22.00 local time on the day before shipping, Monday to Saturday. You can do this by sending us an email at enquiries@painselect.com

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10. PAYMENT & SECURITY

10.1. All transactions will be processed in South African Rands (ZAR).

10.2. DPO Paygate process all credit card transactions. All credit card transactions are 128 bit Secure Sockets Layer (SSL) encrypted. The company registration documents and the site’s registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate DPO Paygate to obtain confidential information. DPO Paygate is committed to providing secure online services.

DPO Paygate is a PCI DSS Level 1 Certified Payment Gateway. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. DPO Paygate Internet servers are protected by firewalls and intrusion detection systems.

The Merchant does not have access to credit card details.

DPO Paygate continually reviews and enhances its security in line with technological changes.

10.3. We accept payments from anywhere in the world.

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11. REFUND & RETURNS POLICY

11.1. Please contact PainSelect.com immediately if any items have been damaged and you wish to cancel or return your order.

11.2. PainSelect.com will make a reasonable effort to exchange any faulty products.

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General Terms

12. SECURITY

12.1. Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

12.2. PainSelect.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from PainSelect.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

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13. QUANTITY LIMITS & PRODUCT RESTRICTIONS

13.1. PainSelect.com reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. PainSelect.com also reserves the right, at our sole discretion, to prohibit sales to certain International/Overseas destinations. In addition, there are certain products which are either restricted or prohibited for sale/delivery to certain countries. It is the customer’s responsibilities to investigate the applicable laws in their respective countries.

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14. EXPORT POLICY

14.1. You acknowledge that the purchased goods sold on the Site, are subject to the customs and export control laws and regulations in South Africa and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing from the Site, you agree to abide by the applicable laws, rules and regulations and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of local or international law.

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15. COPYRIGHTS AND TRADEMARKS

15.1. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by PainSelect.com, one of its affiliates or by third parties who have licensed their materials to PainSelect.com and are protected by South Africa and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of PainSelect.com and is also protected by South Africa and international copyright laws.

15.2. PainSelect.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of PainSelect.com’s or any third party’s intellectual property rights.

15.3. The PainSelect.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of PainSelect.com. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

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16. REVIEWS, FEEDBACK, SUBMISSIONS

16.1. All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to PainSelect.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain PainSelect.com’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to PainSelect.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.

16.2. Thus, PainSelect.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. PainSelect.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. PainSelect.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.

16.3. PainSelect.com reserves the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant PainSelect.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify PainSelect.com and its affiliates for all claims resulting from any Comments you submit. PainSelect.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

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17. INDEMNIFICATION & CONSENT

17.1. You agree to defend, indemnify and hold harmless PainSelect.com and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

17.2 You understand that all the designs and trademarks are registered to PainSelect.com and hereby accept the terms and conditions. You undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should you be found to be in violation of this agreement, you understand that you will be held liable for all legal costs incurred by PainSelect.com for any civil action or any legal action deemed necessary.

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18. TERMINATION

18.1. These Terms of Use are effective unless and until terminated by either you or PainSelect.com. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. PainSelect.com may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in PainSelect.com’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or PainSelect.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. PainSelect.com’s right to any Comments shall survive any termination of this Agreement.

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