Terms and Conditions
BY CONTINUING TO USE THIS WEBSITE YOU ARE CONFIRMING THAT YOU ACCEPT OUR TERMS AND CONDITIONS OF USE SET OUT BELOW. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, YOU MUST LEAVE THIS WEBSITE
This pharmacydirectkenya website is owned by Generics Africa Ltd, a company incorporated in Kenya. Pharmacy dispensing services are provided from our registered premises in Hurlingham, Nairobi, Kenya (trading as Malibu Pharmacy). All pharmaceutical services are intended for Kenyan residents only. If you need any information or have a complaint about this website or any of our services please contact us by one of the following methods:
Customer Services: +254 794585618/ +254 7968916475 (Kenya)
Mail (registered office)
Malibu Pharmacy Limited,
P.O.BOX 69652-00400, Nairobi, Kenya.
+254 20 2724838
|Malibu Pharmacy (Hurlingham)
|Malibu Pharmacy (Vedic House)
Kaunda Street, Ground Floor,
Your privacy and that of each other person whose information you provide to us is important to us. All the information you provide to us about you is treated with the utmost confidentiality and is used only to meet your medical needs.
Visitors to this website may be required to register in order to use its facilities
Username and passwords.
During the registration process you may be allocated, or invited to choose, your own username and password which will be unique to you. You are responsible for keeping your username and password confidential and for ensuring that they are not used by any other person.
Suitability of materials.
We do not give any assurance that the materials provided or available to you on or through this website are suitable for your requirements or that they will be secure, error or virus free and we will have no liability in respect of those materials.
This website is provided free of charge and we make no guarantee that it will be uninterrupted or error free. We reserve the right to modify, suspend or withdraw the whole or any part of the website or any of its content at any time without notice and without incurring any liability.
Links from this website.
We may, from time to time, provide links from this website to websites that are owned and controlled by third parties. These links are provided only for your convenience and we have no control over and will have no liability in respect of those websites.
We may monitor activity and content on this website and may take any action we consider appropriate if we suspect you may be in breach of these Terms and Conditions including suspending, attaching conditions to or terminating your access and/or notifying the authorities or relevant regulators of your activities.
Accuracy of information.
We take care to ensure that all information available on our website about our business, services and any products mentioned is accurate. However, these are continually developing and, occasionally, the information may be out of date. Medical, commercial and legal practice change frequently and the content on this website, in any of our newsletters and in other items offering guidance have been prepared for general interest only and are not a substitute for specific medical, legal or other professional advice and should not be read or used as such. For accurate up-to-date information you should contact us and/or your doctor directly.
PHARMACYDIRECTKENYA DOES NOT WARRANT OR REPRESENT THAT THE MATERIAL ON THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE WEBSITE WILL BE FREE OF DEFECTS OR VIRUSES.
NOTHING CONTAINED IN THE PAGES OF THIS WEBSITE SHOULD BE CONSTRUED AS MEDICAL, COMMERCIAL, LEGAL OR OTHER PROFESSIONAL ADVICE. DETAILED PROFESSIONAL ADVICE SHOULD BE OBTAINED BEFORE TAKING OR REFRAINING FROM ANY ACTION BASED ON ANY OF THE INFORMATION OR MATERIAL CONTAINED IN THIS WEBSITE OR ANY COMMUNICATIONS PROVIDED TO YOU AS A RESULT OF YOUR REGISTRATION.
Liability for our mistakes.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (IN CONTRACT, NEGLIGENCE OR OTHERWISE) WHERE:
(A) THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY US;
(B) THE LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH; OR
(C) ANY LOSS OR DAMAGE OR INCREASE IN LOSS OR DAMAGE RESULTS FROM A BREACH BY YOU OF THESE TERMS AND CONDITIONS.
NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.
No delay or decision not to enforce rights under these terms and conditions will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach.
Ordering of Prescription only items
THE FOLLOWING TERMS APPLY TO YOUR USE OF THE PHARMACYDIRECTKENYA PRESCRIPTION ORDERING SERVICE. THESE ARE ADDITIONAL TO AND SUPPLEMENT OUR GENERAL WEBSITE TERMS AND CONDITIONS WHICH ALSO APPLY.
IF YOU HAVE ANY QUESTIONS CONCERNING THE SERVICE, PLEASE CONTACT US.
Registration on our website is mandatory before ordering any Prescription item.
Prescriptions for persons other than yourself.
If the prescription is for a person other than yourself, you will need to have the authority of the person whose prescription it is to have it dispensed by us. By placing an order to dispense another person’s prescription you confirm that you have their authority to do so.
We only accept Prescription Orders from customers who are 18 years old or over although they may order prescriptions for persons who are under 18. By placing an order, you confirm that you are at least 18.
We do not accept Prescription Orders from outside Kenya. We only accept and despatch prescriptions to addresses in Kenya. This may change in future.
Calls to our customer services department in Nairobi are charged at the prevailing rates. Please refer to your network provider.
No Prescription Order placed by you will be binding on us until we have confirmed the order to you by email or in writing. We reserve the right to reject any order.
We will start to process your prescription on receipt. If you wish to cancel an order for a prescription you should contact us promptly at our Customer services before sending us the prescription to obtain a refund. You agree that after this date, we will have begun the service at your request and that you will have no rights to cancel the order.
Verification of prescription.
When we receive a prescription from you we will verify it against the information provided to us at the time the order was placed. In the event that the information does not match with your original order, we may try to contact you using the information in your registration. If we cannot contact you and we are unable to dispense the item(s) on your Prescription Order we reserve the right to return your prescription to you in which case we will refund the payment made by you for it.
The delivery costs will be added to the cost of your Prescription Order at the Checkout. This depends on the distance from Nairobi. Prices will be available under the delivery section of our website.
Payment and refunds.
In providing payment card details, you confirm that you are authorised to use the card and authorise us to take payment in full for the applicable prescription charges, postage and packing charges and any other charges that become due to us under these terms. Refunds, if applicable, will only be made to using the payment gateway and/or card originally used for payment.
Non-receipt of prescription.
If you place an order for a prescription item and we do not receive the relevant prescription, we will not have any liability to you and it will be your responsibility to contact us within 30 days to obtain a refund of any amounts paid for the service. A 10% fee will be deducted from any refunds due.
Non-availability/suitability of products.
If any of the items on your prescription are not available, or are not suitable for dispensing through this service, we will try to contact you using the information in your registration and refund any amounts paid for the prescription.
Delivery of fulfilled prescriptions.
We aim to despatch prescription items on the day we receive the prescription. Prescription items will be sent by our courier to the address provided by you in your registration or to our designated Collection Point. Where the order is to be delivered to our designated Collection Point we shall notify you by an SMS note or by phone call as soon as it is ready for collection. You MUST therefore provide us with a current mobile phone number. You acknowledge and accept that items will need to be signed for on delivery and authorise any person at your chosen delivery address to sign for the items as your authorised representative. In the event that the packaging is opened after delivery, we will have no liability to you for lost or damaged items or for what third parties find out about you as a result.
Notification of errors.
You should check the items dispensed to you carefully promptly upon receipt. If you believe there may have been a dispensing error, you should contact us immediately and should not take or use any of the items.
YOU MUST CHECK ALL ITEMS DISPENSED TO YOU AND SHOULD NOT TAKE ANY MEDICATION THAT APPEARS TO HAVE BEEN TAMPERED WITH OR WHICH MAY HAVE BEEN DISPENSED IN ERROR.
FAILURE TO ABIDE BY THIS WARNING COULD SERIOUSLY DAMAGE YOUR HEALTH
THE FOLLOWING TERMS APPLY TO THE PURCHASE OF GOODS AND SERVICES FROM PHARMACYDIRECTKENYA.COM. THESE ARE ADDITIONAL TO AND SUPPLEMENT OUR GENERAL WEBSITE TERMS AND CONDITIONS WHICH ALSO APPLY. THESE TERMS AND CONDITIONS MAY BE AMENDED AT ANY TIME AND THE TERMS AND CONDITIONS THAT APPLY FOR EACH ORDER WILL BE THOSE ON THE WEBSITE AT THE TIME YOU PLACE YOUR ORDER.
IF YOU HAVE ANY QUESTIONS CONCERNING THE SERVICE, PLEASE CONTACT US.
THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND ARE LEGALLY BINDING. YOU SHOULD PRINT AND KEEP A COPY OF THEM FOR YOUR RECORDS
In order to use this service you will need to register on this website.
We only accept orders from persons aged 18 or over. By placing an order, you are confirming that you are in this age range.
We do not accept orders from outside Kenya and we only despatch to addresses in Kenya.
Placing an order.
It is your responsibility to check that your order is accurate before submitting it to us.
All prices on this website are in Kenyan Shillings. At the checkout, you will be asked to pay in Kenya Shillings via MPESA . We take care to ensure that all pricing information on our website is accurate but occasionally there may be an error. We verify pricing at our dispatch centre. If the correct price is lower than that on the website at the time you place your order, we will charge you the lower price. If the correct price is higher than that on the website, we will try to contact you for instructions using the information provided on your order and give you the choice of cancelling your order or paying the correct price.
Accuracy of information.
We try to ensure that all information and colours are correct at the time of their publication. However, the representation of colours on your browser may differ from the actual colours of products supplied. Any typographical, clerical or other error is subject to correction without any liability on our part. Any advice or recommendation given on this website or otherwise given to you by us, or any of our employees or agents, is followed or acted upon entirely at your own risk and we are not liable for such advice or recommendation.
Concluding a binding contract.
When we receive an order from you to purchase items from us, we will confirm that we have received the order by email to the address provided by you in your order. Your order is an offer to purchase an item and will not be binding on us until the earlier of us sending you an email to confirm that we have despatched that item to you or your receiving the item. Our professional codes of conduct and legal restrictions may limit the number of any item we are permitted to supply to you and, as such, we have no obligation to supply quantities exceeding the relevant permitted maximum and will charge only for those we do supply. We reserve the right to reject any order.
Payment and refunds.
We currently only accept payments in Kenya shillings via M-PESA. Refunds, if applicable, will only be made using the same payment methods and to the person who originally made the payment.
We reserve the right to change the specification of items which are required to conform to any applicable standards or Kenya Pharmacy and Poisons Board requirements. We try to have sufficient stocks of goods to meet demand but occasionally, items may be out of stock or unavailable from our suppliers. All items sold through this website are subject to availability. If any of the items on your order are not available we may send a substitute of similar specification.
Delivery of orders.
We aim to despatch orders within 28 days to the address provided by you in your order. Delivery timescales are estimates only. If you do not receive your order within 30 days of us confirming your order you must notify us and we will investigate the non-delivery provided you cooperate with the investigation.
Notification of errors.
You should check the content of each delivery promptly upon receipt. If you believe that items have been sent to you in error, you should contact us immediately.
DAMAGED AND FAULTY ITEMS
If any item we have supplied is damaged on receipt we will replace or repair the item free of charge or refund the price you paid for it together with any postage charges you paid to us for delivery. You may have additional manufacturers’ warranties with some products such as electrical items giving you additional rights and you should check these carefully. RETURNS POLICY
Consumers have the right to cancel orders for goods that have been placed using this website for up to 7 working days after the date on which the item(s) are delivered. This right does not apply to medication or any appliance that is made from materials that may be distorted if worn.
To exercise this right, you should follow the instructions in ‘How to Return Items’ below.
You have a legal responsibility to keep the items in reasonable condition and in your possession until they are returned to us. This includes keeping any hygiene seals in place.
Once we receive notice from you in writing that you wish to cancel your order, we will refund the purchase price for that item together with the delivery charge you paid.
HOW TO RETURN ITEMS
To return a damaged or faulty item you should follow the instructions on the Returns Note included in the delivery.
Our maximum liability for our failure to fulfil an order that we are legally bound to fulfil will be limited to the price paid by you for that order.
HEALTH AND SAFETY WARNING
Not all products are suitable for all medical ailments and occasionally, their use may interfere with any treatment you are receiving or aggravate a condition. You should check with your doctor before using any medical product.
Physical fitness products may not be suitable for use by some individuals. You should check with your doctor before embarking on any fitness programme.
Failure to do so may seriously damage your health.