BioCeuticals Range - Sale & Supply Policy

1.1. BioCeuticals and Blackmores Professional (“the Products” or “BioCeuticals products”) are practitioner-only ranges of nutritional supplements. This policy reinforces that all BioCeuticals and Blackmores Professional products are designated practitioner-only and must only be recommended and/or dispensed by a Qualified Healthcare Professional in Australia and New Zealand. Please see the current list of Qualified Healthcare Professionals.

This policy serves to outline BioCeuticals’ position in working with all Qualified Healthcare Professionals, including practitioners employed by retailers and working in an approved clinic or retail environment, such as health food stores and pharmacies as well as select online stores.

Please note that BioCeuticals utilises a network of authorised distributors (each a “Distributor”) in the operation of our business. For the purposes of this policy, all references to “BioCeuticals” should be read as “BioCeuticals or its Distributor (as applicable)”.

This policy is in addition to the Terms of Service, the Terms of Purchase, the BioCeuticals Clinical Range – Sale & Supply Policy (as relevant) and the Privacy Policy (each as updated from time to time, and collectively, “the BioCeuticals Policies”). The BioCeuticals Policies can be found on our website at bioceuticals.com.au (“Site”).

In addition to the BioCeuticals Policies, from time to time specific terms and conditions may apply to a particular brand or product, known as Brand Policies. Copies of the Brand Policies are also available on the Site.

2.1. In order to purchase BioCeuticals Products, you must be a Qualified Healthcare Professional, or a retailer who employs a nominated Qualified Healthcare Professional (“Retailer”).

2.2. Before purchasing BioCeuticals Products, you must create an account by completing either:

a) the online Registration form available here; or

b) a Group Account Application form provided to you by the BioCeuticals Customer Service team or Field Sales team.

Your application will be reviewed by BioCeuticals and you will receive your account details once approved.

2.3. Please note that the online Registration form and the Group Account Application form both require acceptance of the BioCeuticals Policies. Retailers must also provide the details of its nominated Qualified Healthcare Professional (including, for example, Government Accredited Healthcare Related Professional Association details or membership details of a locally accredited healthcare related professional association which has been approved by BioCeuticals).

2.4. It is the responsibility of the Retailer to ensure the details of its nominated Qualified Healthcare Professional remain accurate and current at all times. Retailers must promptly notify BioCeuticals or its Distributor of any changes to its nominated Qualified Healthcare Professional by contacting the allocated BioCeuticals sales representative for the retail store.

3.1. Products must be dispensed by, or under the supervision of, a Qualified Healthcare Professional. Products may not be prescribed or sold by non-qualified staff.

3.2. Consultations and patient records should be maintained in accordance with applicable industry professional standards and rules of conduct to which the individual Qualified Healthcare Professional is ethically bound.

3.3. A Qualified Healthcare Professional must only dispense Products to the patient of another Qualified Healthcare Professional with the written consent of the patient’s Qualified Healthcare Professional. If prior written consent cannot be obtained, the Qualified Healthcare Professional dispensing the BioCeuticals products must assume responsibility for the patient care.

3.5. Certain Products are supplied only as starting materials and/or for extemporaneous compounding and dispensing by an experienced and suitable Qualified Healthcare Professional, being:

(a) in Australia: pharmacists, herbalists, nutritionists, naturopaths, practitioners of traditional Chinese medicine or homeopathic practitioners; and

(b) in New Zealand: pharmacists or nutritionists.

3.5. Qualified Healthcare Professionals and Retailers must promptly report to BioCeuticals any complaints or reports of an adverse event or problem, defects in the Products, counterfeit products, suspicious or illegal activity or non-compliant advertising. In Australia you can contact: [email protected] or 1300 650 455, and in New Zealand you can contact: at [email protected] or Tollfree 0508 006 823.

4.1. Retailers or Qualified Healthcare Professionals are responsible for setting the price of the Products sold by them to patients, and any recommended retail price (RRP) provided by us in relation to the Products are recommendations only. Under no circumstances may promotional ticketing apply to a Product.

4.2. Under no circumstances should the Products be accessible by the general public on retail shelves. Retailers and/or Qualified Healthcare Professionals agree to position Products in accordance with the following guidelines:

a) In retail stores, in a practitioner-only dispensing area, which is separate to the front of store retail supplement area.

b)In a pharmacy, the dispensary S3 or S4 areas, or a dedicated naturopathic dispensary within a pharmacy, under direct supervision of an in-store Qualified Healthcare Professional.

c)In health food stores, a clinic area, storage area, behind the counter, or in a dedicated naturopathic dispensary under direct supervision by an in-store Qualified Healthcare Professional.

4.3. Products may be stored in a Practitioner Prescribing Unit (“PPU”) supplied by BioCeuticals. The PPU must be kept locked, and must only display BioCeuticals products. The PPU must also be under the supervision of the Qualified Healthcare Professional in an acceptable area (as outlined in Section 4.2) at all times. Any alternative placement must be approved by BioCeuticals or its Distributor.

4.4. Products requiring refrigeration must be placed either in a BioCeuticals branded refrigerator, or an unbranded refrigerator behind the dispensing counter. If the refrigerator is visible to consumers, the BioCeuticals removable refrigerator sticker must be noticeably displayed over the Products. The refrigerator must be under the direct supervision of the in-store Qualified Healthcare Professional. Any alternative placement must be approved by BioCeuticals or its Distributor.

4.5.Use of the BioCeuticals PPU and refrigerator are subject to the specific BioCeuticals PPU and refrigerator terms and conditions of use, which will be provided to you at the time of purchase.

4.6. To help ensure the quality and efficacy of Products, the transfer of stock between retail outlets is not permitted.

5.1. Products may be purchased online via the website of a Qualified Healthcare Professional or a Retailer. If Products are available via a Retailer’s website, its nominated Qualified Healthcare Professional remains responsible.

5.2. Prior to selling Products online, the Qualified Healthcare Professional or Retailer must advise BioCeuticals of the website URL or social media account name (either in the Account Application or updated at a later stage), for approval by BioCeuticals.

5.3. It must be clear on the website that patients purchasing Products online must firstly have a consultation (in person or virtual) with the Qualified Healthcare Professional. It is recommended that the following wording appear on the website where the Products are displayed: “BioCeuticals is a practitioner-only brand. Only patients who have completed an online questionnaire or consultation with us may have access to purchase BioCeuticals products on this site”.

5.4. The online sale and consultation process, including the form and content of any health questionnaires used for consultation purposes by a Qualified Healthcare Professional, must be reviewed and approved by BioCeuticals. We otherwise recommend that consultations and patient records are maintained according to professional standards to which the nominated Qualified Healthcare Professional is ethically bound.

5.5. Under no circumstances are Products to be displayed or resold on auction websites.

6.1. BioCeuticals provides access to a product content platform for all Retailers and Qualified Healthcare Professionals, which contains pre-approved BioCeuticals intellectual property and brand elements for use by Retailers and / or Qualified Healthcare Professionals (“Pre-approved Assets”). This platform includes assets such as marketing collateral, product information and educational content associated with the Products which may be used online or on any other media, including printed brochures, newsletters, e-newsletters.

6.2. Access to, and use of, the product content platform must be strictly in accordance with its terms of use.

6.3. Any requests for assets which cannot be found on the product content platform must be sent to [email protected] in Australia and [email protected] in New Zealand for approval prior to using.

6.4. All product information or educational posts must include the following wording: “BioCeuticals is a practitioner-only brand. Please speak to your Qualified Healthcare Practitioner for more information”.

6.5. Content featured on the BioCeuticals Social Media platforms may be shared to a business page. Any changes to text or intent are the responsibility of the Retailer or Qualified Healthcare Professional.

6.6. The Retailer and/or Qualified Healthcare Professional take full responsibility for content featured on their social media and its compliance with the applicable laws including, without limitation, in Australia the Competition and Consumer Act (Cth) 2010 and the Therapeutic Goods Advertising Code 2021 and in New Zealand, the Consumer Guarantees Act 1993, the Fair Trading Act 1986, the Food Act 2014, the Dietary Supplements Regulations 1985 and any other applicable regulatory requirements.

7.1. Retailers and Qualified Healthcare Professionals may be subject to periodic review to assess whether these terms, or any other applicable BioCeutical Policy, is being adhered to. This is an important aspect of BioCeuticals’ commitment to professional and ethical patient care, quality, healthcare and safety.

7.2. BioCeuticals may, at its discretion, suspend or cancel the account of a Qualified Healthcare Practitioner or a Retailer at any time. This may occur, for example, for a serious breach of these terms or multiple minor – moderate breaches.

7.3. Notwithstanding Section 7.2, a “3 strike rule” applies for minor to moderate breaches of these terms. Any failure to comply with this policy may be determined to be a strike by BioCeuticals, in our reasonable discretion. If we believe you have received a strike, we will notify you via the contact details provided in your Account Application form, describing the circumstances which led to the strike and the reasons for our decision. We may also specify how you must correct the strike and any failure to sufficiently address the strike within any specified time period may be considered a further strike. If a Qualified Healthcare Professional or a Retailer accrues 3 strikes, we may, in our reasonable discretion, either:

a) cease supply of BioCeuticals products to the relevant account; or

b) suspend supply of BioCeuticals products to the relevant account for a period of no less than 12 months.

7.4. If you believe that at any point that any BioCeuticals Policy, has been breached by a Qualified Healthcare Professional or a Retailer, please either complete the “Breach Notification Form” available on our website and email it to us at [email protected], or email details directly to us at the same address. We will review the situation and take appropriate action. If you believe there is an issue regarding the sale of non-BioCeuticals products, the sale of practitioner-only products by unqualified practitioners or unprofessional conduct related to the sale of practitioner-only products, please contact the relevant professional association. A list of the professional associations that BioCeuticals recognises can be found here.

7.5. BioCeuticals reserves the right to contact relevant Government Accredited Healthcare Related Professional Associations in relation to any issues involving the BioCeuticals brand, products or reputation and any suspected breaches of the BioCeuticals Policies.

In New Zealand, this policy is intended to be enforceable by each of BioCeuticals and an Authorised Distributor for their benefit under section 12 of the Contract and Commercial Law Act 2017, notwithstanding that BioCeuticals and the Authorised Distributors have not signed this policy. 

Last updated: October 2024