Marnichem Pharmacy · Version 1.0 · Last updated 9 October 2026
These terms govern purchases from Marnichem Pharmacy and use of our online ordering service. Please read them before placing an order and retain a copy with your order confirmation. They apply together with the product information, quotation and delivery arrangements agreed for your order.
Your statutory rights remain protected. Nothing in these terms excludes or restricts any right or remedy that cannot lawfully be excluded under the Consumer Protection Act 68 of 2008 (CPA), the Electronic Communications and Transactions Act 25 of 2002 (ECTA), or other applicable South African law. This includes rights relating to unsafe, defective, incorrect or misdescribed goods, non-performance and applicable cooling-off periods.
1. Who we are
- Registered entity: BLUE NIGHTINGALE TRADING 132 (PTY) LTD, a South African private company.
- Company registration number: 2004/009212/07.
- Trading name: Marnichem Pharmacy.
- Pharmacy registration: WC01 006C (Community Pharmacy).
- Business and collection address: ERF 25112, Industrial Road, George Industria, 6529, South Africa.
- Customer service: sales@marnichem.co.za · 072 961 9195.
- Director and Information Officer: Martinus van Aswegen · martinus@marnichem.co.za.
References to “we”, “us” and “our” mean the company trading as Marnichem Pharmacy. “You” means the customer or an authorised person acting for that customer. We accept orders for delivery or collection in South Africa only.
Our pharmacy services are subject to the Pharmacy Act 53 of 1974, the Medicines and Related Substances Act 101 of 1965, their applicable regulations, and the South African Pharmacy Council’s professional rules, including Good Pharmacy Practice. Professional rules and Council contact information are available from the South African Pharmacy Council. Product availability and supply remain subject to applicable scheduling, prescribing and dispensing requirements.
2. Customer accounts and authority to order
A customer account is required for all orders. Provide accurate contact, patient, prescription, billing and delivery information and keep it up to date. Keep your login details confidential and notify us promptly if you suspect unauthorised access. We assess disputed account activity on its facts; you are not automatically liable for every transaction made using your account.
You must have legal capacity to enter into the purchase or act with appropriate assistance or authority. If ordering for another patient, a child or an organisation, you must have the authority required for that transaction and for providing their information. Creating an account does not itself give access to another person’s confidential records.
We may restrict an account where reasonably necessary to investigate suspected fraud, unlawful supply or misuse, or to protect patient safety or information security. Any restriction will be proportionate and will not remove your rights regarding existing orders, refunds or access to your information.
3. Products and professional advice
We supply individually compounded medicines, prescription medicines, Schedule 0 over-the-counter products, and vitamins, supplements and natural health products, subject to availability and lawful supply.
Website information supports informed purchasing and does not replace individual assessment, diagnosis or advice from an appropriate healthcare professional. Our pharmacist’s counselling and professional duties remain applicable. Please tell the pharmacist about relevant allergies, medicines and health circumstances needed to assess safe supply.
Use medicines only as directed for the intended patient. Follow the label, storage conditions and expiry or beyond-use date. Do not share prescribed or compounded medicines. Product images are illustrative; the product supplied must still match its agreed description and specifications. No product is represented as guaranteeing a particular clinical outcome.
4. Prescription orders and approved doctor accounts
Prescription orders are reviewed by a pharmacist before approval and a payment request is issued. We may contact you or the prescriber, request a clearer or compliant prescription, confirm patient information, or require the original or another legally acceptable prescription format where necessary. Uploading a prescription does not guarantee dispensing.
The pharmacist may decline or suspend an order where a prescription is invalid, incomplete, expired, unverifiable, clinically inappropriate, unlawful to dispense or not reasonably capable of being fulfilled. We will explain the issue where lawful and appropriate and, where possible, discuss a compliant alternative. Changes requiring your or the prescriber’s agreement will not be made without that agreement.
Doctors whose accounts we have approved may order directly through their approved account. Approval does not authorise unlawful procurement, unrestricted resale or dispensing outside applicable professional requirements. We may verify professional registration, authority, patient-specific requirements and the legal basis for supply. All relevant pharmacist checks continue to apply.
5. Placing an order and acceptance
Before submitting an order or paying a quotation, review the products, patient details, quantities, total price and delivery or collection selection. Correct mistakes or withdraw before final submission. Contact us promptly if you discover an error afterwards.
Your order is a request to purchase. An automated receipt or payment acknowledgement confirms receipt only. We accept an order when we expressly confirm acceptance; for a prescription order, our pharmacist-approved payment request constitutes our offer on the stated terms, which you accept by paying within its stated validity period. Where a separate acceptance is required for another order, we will communicate it expressly.
Acceptance does not require us to dispense unlawfully or unsafely. If an accepted order cannot lawfully or safely be supplied, we will contact you and refund any amount paid for the unfulfilled supply. We will not retain payment merely because an order concerns a compounded medicine that we cannot supply as agreed.
Save your order details, quotation, payment confirmation and these terms. You may request copies of transaction records we still hold by contacting customer service. Records remain subject to applicable retention requirements and lawful access arrangements.
6. Prices and payment
Prices are in South African rand. The checkout or payment request will show the products, applicable taxes, delivery charges and any other agreed charges before payment. Medicine pricing and dispensing fees are subject to applicable law. We will not add an undisclosed charge without your agreement.
Pay using the payment options offered in the checkout or our payment request. BobPay is used for payment processing. Payment must be successfully received before compounding begins and before goods are released, unless we have expressly agreed a lawful alternative for a non-compounded order. Do not send full payment-card details by email.
Availability and prices may change before acceptance. If we identify an error, we will explain it and seek your agreement to a correction or provide an appropriate cancellation and refund. We will honour legally binding prices and will not use this clause to avoid the CPA’s pricing rules.
7. Individually compounded medicines
Compounded medicines are prepared for an individual patient to the agreed prescription or specifications. Preparation begins only after payment has been received and the required professional checks have been completed. Preparation and delivery times depend on the formulation, ingredient availability and quality requirements; we will communicate the expected timing for your order.
Once payment for an individually compounded order has been received, we do not offer voluntary cancellation, change-of-mind returns or refunds, including where dispatch has not yet occurred. Please check the patient details and agreed specifications before paying.
This policy applies only to voluntary cancellation. It does not override a right to cancel or receive a remedy under applicable law, including where goods are defective, unsafe, incorrect, materially different from the agreed specifications or not supplied as agreed. Where ECTA’s exception for genuinely personalised or made-to-specification goods applies, its ordinary section 44 cooling-off right does not apply to those goods. We do not treat every pharmacy product as exempt merely because it is sold by a pharmacy.
If the patient’s treatment changes after payment, contact the pharmacist promptly. We will consider any safety implications and any remedy required by law. Payment is not permission to supply a medicine that the pharmacist considers unlawful or unsafe to dispense.
8. Delivery and collection
Standard delivery is approximately 2–5 business days after the order is ready for dispatch and payment and required checks are complete, unless a different timeframe is agreed. Business days exclude Saturdays, Sundays and South African public holidays. Compounding time is additional where applicable and varies by order. These are estimates, not a waiver of your rights if delivery is late.
We will confirm delivery availability and charges for your address before payment. Deliveries may be arranged through BobGo and Aramex. A product will only be dispatched by a method suitable for its handling and storage requirements. If suitable delivery cannot be arranged, we will discuss collection or another lawful solution.
Collection is available from our pharmacy address once we confirm that your order is ready. Bring the order reference and any identification, authority or prescription documentation reasonably required for lawful release. Please arrange collection within the timeframe advised for the product’s stability and storage needs.
Provide an accurate address and ensure an authorised recipient is available. If delivery fails because of incorrect information or an unavailable recipient, we will discuss redelivery; any additional reasonable charge will be disclosed and agreed where lawfully payable. We do not automatically forfeit payments for an uncollected or undelivered order.
Where the CPA applies, goods remain at our risk until you accept delivery in accordance with the Act. Handing a parcel to our courier does not by itself transfer that risk to you. Please report missing, damaged, leaking, incorrectly supplied or temperature-compromised goods promptly so that we can investigate. Prompt reporting assists us but is not an extra time limit on statutory remedies.
If an order is delayed, we will communicate the position and available options. Where ECTA section 46 applies, we must execute the order within 30 days after receiving it unless another period is agreed. If we fail to meet that period, you may cancel on seven days’ written notice. If the goods or services are unavailable, we must notify you immediately and refund payments within 30 days after that notification. Other applicable rights concerning late or failed delivery remain available.
9. Cancellations, returns and refunds
9.1 Voluntary returns
We do not offer voluntary change-of-mind returns or exchanges. If you wish to cancel an order before supply, contact us promptly so we can assess the request and any applicable statutory right. The special policy for paid compounded orders appears in section 7. No discretionary policy in these terms overrides legislation.
9.2 Statutory cooling-off rights
Where ECTA section 44 applies to an online goods purchase, you may cancel without a reason or penalty within seven days after receipt. Only the direct cost of returning the goods may be charged to you, and payments must be refunded within 30 days of cancellation. The Act contains exceptions, including goods made to your specifications, clearly personalised goods, goods that by their nature cannot be returned, and goods likely to deteriorate or expire rapidly. An exception is assessed against the actual product and transaction; an unopened standard product is not automatically excluded.
Where CPA section 16 applies to a transaction resulting from direct marketing, you may rescind it by written or other recorded notice within five business days after the later of conclusion or delivery. The statutory refund deadlines apply: generally 15 business days after notice where no goods have been delivered, or after returned goods are received. This CPA cooling-off provision does not apply where ECTA section 44 applies to the transaction.
Other statutory cancellation rights remain available. These include ECTA section 43 remedies for failure to provide required online disclosures or an opportunity to review, correct and withdraw an order. Where that provision applies, cancellation may be exercised within 14 days of receiving the goods or services, subject to the Act’s return and refund rules.
9.3 Defective, unsafe, incorrect or misdescribed goods
Contact us if the goods supplied are incorrect, damaged, unsafe, defective or do not match the agreed description or specifications. Where CPA sections 55 and 56 apply, goods that fail the statutory quality standards may be returned within six months of delivery, without penalty and at our risk and expense. You may direct the applicable statutory remedy of repair, replacement or refund. A remedy must be lawful and appropriate for the medicine concerned; we will not require you to accept store credit instead of a refund to which you are entitled.
The six-month provision does not mean every medicine has a six-month shelf life. Product characteristics, disclosed expiry or beyond-use dates, storage and use are relevant to assessing the issue. They do not excuse a defect present when supplied or remove other rights that may apply beyond that period.
We pay reasonable return shipping for verified pharmacy errors or defects and whenever legislation makes the return our responsibility. We will arrange or explain suitable return handling, including any required cold-chain arrangements. For an applicable ECTA change-of-mind return, you bear only the direct return cost permitted by law.
9.4 How to raise a return or refund request
- Email sales@marnichem.co.za or call 072 961 9195. Give your order reference, the product and the reason for the request.
- Retain the product and available packaging, label and proof of purchase. Photographs can help us assess damage. We will accept reasonable proof of purchase and will not make original packaging an absolute condition of a statutory remedy.
- Ask the pharmacist about safe handling if you suspect a dispensing error or product defect. Do not use a product suspected to be unsafe while seeking prompt professional advice. Do not post medicines back or dispose of them before receiving appropriate instructions, unless urgent safety circumstances require otherwise.
- We will assess the issue promptly and communicate the outcome, return arrangements and refund method. Our administrative process is not a precondition that extinguishes a statutory right.
Refunds will be made through the original payment method where practicable or another lawful method agreed with you, within the applicable legal deadline. Returned medicines are handled according to professional requirements; a restriction on putting medicine back into saleable stock does not itself defeat your refund rights.
10. Privacy and communications
We process information necessary for account administration, pharmacist assessment, dispensing and compounding, payment, delivery, customer support, security and legal record-keeping. Our website uses WooCommerce and is hosted in South Africa. Uploaded prescriptions are kept in a secure private directory, and pharmacy records are also kept physically.
Routine internal access to patient clinical information is limited to the pharmacist and authorised pharmacy assistants acting within their roles. Necessary and lawful disclosures may be made to prescribers, authorised patient representatives, regulators or others entitled by law. Payment, courier, email and technical services receive only information appropriate to their functions, subject to applicable confidentiality and data-protection requirements.
Our service arrangements include BobPay, BobGo, Aramex, WP Mail SMTP and Wordfence. A locally hosted website does not necessarily mean that all external processing occurs in South Africa. Our Privacy Policy and PAIA Manual explain our information practices and access procedures in more detail. Contact the Information Officer at martinus@marnichem.co.za for privacy enquiries.
Marketing is consent-based and optional. You may withdraw marketing consent or unsubscribe at any time, without affecting your ability to order or obtain care. Necessary order, safety and service communications are separate from marketing.
11. Website use and intellectual property
Use the website lawfully. Do not submit fraudulent prescriptions, impersonate another person, attempt unauthorised access, interfere with security or upload harmful material. Website content belongs to us or its lawful licensors. You may save or print information reasonably needed for your own purchase, care or exercise of legal rights; other reproduction remains subject to applicable intellectual-property law.
We take reasonable care with website content and availability but cannot promise uninterrupted operation. If a technical problem affects an order, contact us. External links are provided for convenience and do not transfer our responsibilities to a third party.
12. Responsibility and events affecting supply
Each party remains responsible for loss for which it is legally liable. Nothing in these terms excludes liability for fraud, gross negligence, defective or unsafe products, breach of professional duties or any liability that the law does not allow us to exclude. We do not require you to waive claims for personal injury or accept a blanket indemnity.
If events beyond reasonable control disrupt supply, we will take reasonable steps to limit their effect and explain the available options. Such events do not automatically entitle us to retain payment indefinitely or remove statutory cancellation, delivery or refund rights.
13. Complaints and disputes
Please direct order or service complaints to sales@marnichem.co.za or 072 961 9195. You may escalate an unresolved matter to Martinus van Aswegen at martinus@marnichem.co.za.
You may also approach an authority with jurisdiction, including the South African Pharmacy Council for pharmacy professional matters, the National Consumer Commission or an applicable consumer dispute body for consumer matters, and the Information Regulator for information rights. These terms do not require compulsory private arbitration or prevent use of a competent court or statutory process.
14. Governing law and changes
South African law governs these terms, subject to mandatory law. If a provision is unlawful or unenforceable, it is severable to the extent permitted by law without removing the rest of the agreement or your statutory protections.
We may update these terms prospectively by publishing a revised version. The version accepted for an existing order continues to govern that order unless a lawful change is agreed or required by law. These terms first apply when published and accepted for the relevant transaction; the preparation date above does not make them retrospective.
Contact: Marnichem Pharmacy, ERF 25112, Industrial Road, George Industria, 6529, South Africa · sales@marnichem.co.za · 072 961 9195.