TERMS AND CONDITIONS OF SALE
CanadianPharmacyAdvantage.com™ is a marketing website for Coastal Health Group Inc. (collectively referred to herein as "CPA"). CPA contracts with a marketing company organized under the laws of the Province of Manitoba, Canada, for the purpose of facilitating the purchase of pharmaceutical products ["Product(s)"] between you and licensed pharmacies and/or government approved dispensaries located in various international jurisdictions (collectively, the "Pharmacy"). As your authorized agent, CPA works with the Pharmacy to facilitate orders of Product for your health and well-being. Since you do not reside in the same area where the Products will be coming from, it is necessary for you to authorize CPA to act on your behalf. By agreeing to accept delivery of the Products and services from the Pharmacy you agree to be bound by these terms and conditions of sale (collectively, "Terms & Conditions").
THESE TERMS & CONDITIONS APPLY TO ALL TRANSACTIONS, BOTH CURRENT AND FUTURE, INVOLVING THE PURCHASE OF PRODUCTS FROM THE PHARMACY. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, CPA, AS YOUR AUTHORIZED AGENT, WILL NOT BE ABLE TO FACILITATE YOUR PURCHASE OF PRODUCTS. IF YOU HAVE RECEIVED PRODUCTS WITH THESE TERMS & CONDITIONS, AND YOU DO NOT AGREE TO BE BOUND BY THEM, YOU MUST RETURN THE PRODUCTS WITHIN 30 DAYS BY CONTACTING CPA AT THE CONTACT NUMBER AVAILABLE ON ITS WEBSITE AT www.canadianpharmacyadvantage.com (the "Website").
Knowledge and Consent. By placing an order with the Pharmacy via CPA, you acknowledge that you are of the age of majority, of sound mind, and agree to be bound by these Terms & Conditions, with full knowledge and without undue influence or duress. You acknowledge that these Terms & Conditions are readily accessible on the Website and that you have been provided with the opportunity to obtain independent legal advice with respect to these Terms & Conditions.
Personal Examination. You understand that it is your responsibility to have your prescribing physician ("Your Own Physician") conduct regular physical examinations, including any and all suggested testing, to ensure that you have no medical problems which would constitute a contraindication to you taking the Products. You certify that you have had a physical examination by Your Own Physician within the last twelve (12) months from the date hereof.
Original Prescription Required. You acknowledge that the Pharmacy will not accept any order unless you deliver a valid prescription issued by Your Own Physician based upon a personal consultation and examination, as referenced in paragraph 2 above.
Power of Attorney. You authorize and appoint CPA and the Pharmacy as your agent and attorney, to take all steps, sign all documents, and act on your behalf as if you were personally present and acting for yourself for the limited purposes of (a) obtaining a legally valid prescription, if required by applicable law, for any prescription which you have sent to the Pharmacy; and (b) packaging the Products and delivering them to you. This authorization shall include, but not be limited to, the collection of your personal and personal health information and the disclosure of such information to the Pharmacy and any other health professionals being retained on your behalf, as required. You may revoke this authorization and appointment at any time, but it shall continue until you revoke it in writing.
Delivery. Delivery of the Products ordered from the Pharmacy takes place when the Products leave the Pharmacy (i.e. you take ownership and possession of the Products when they leave the Pharmacy). After delivery has been made in this manner, the Pharmacy will, as your authorized agent and attorney, arrange for the shipping of the Products to your home address. Normally, shipments take an average of two (2) – four (4) weeks to arrive. Delivery may also be subject to inspection by customs authorities and may be delayed pending such inspection and/or for the payment of import duties, tariffs, customs fees, or other government-imposed charges (“Tariffs”). In the event that shipment of the Products is delayed for reasons other than the payment of Tariffs, and upon notice from you, the Pharmacy may, in its sole discretion, arrange for a replacement order to be sent to you at no additional cost. CPA and the Pharmacy are not liable for any damages suffered due to delay in shipment or failure of the Products to arrive within a specified number of days.
International Products. Products offered for sale by the Pharmacy are not United States Food & Drug Administration ("FDA") approved. Please note that the FDA has taken the position that virtually all shipments of Products imported from the Pharmacy by a United States resident will violate United States law. By placing an order for Products or services with CPA and/or the Pharmacy, you represent that sale, delivery, and shipment of the Products will not violate any import, export, or other law or regulation in your home jurisdiction.
Payment Terms. Your order is not binding on the Pharmacy until accepted in writing. The price(s) for the Products shall be as specified by the Pharmacy and as set forth at the time of acceptance. Any Tariffs that may be imposed will be in addition to this amount. Prices may be subject to change without notice. Credit terms are at the discretion and as specified by the Pharmacy, and unless otherwise specified in writing, payment must be received by the Pharmacy prior to acceptance of your order. Payment for your order may be made by any form of credit or payment accepted by the Pharmacy.
Shipping Charges, Taxes & Service Fees. Charges for shipping and handling will be shown on your invoice. You are responsible for all service taxes, sales taxes and/or Tariffs associated with your order, whether existing at the time of order or imposed thereafter. In addition, a service fee may be applied to your transaction to cover separate and distinct services performed in connection with the facilitation, regulatory compliance, documentation, and processing of your order [including, but not limited to: (i) preparation and processing of regulatory compliance documentation; (ii) administrative review for cross-border shipment compliance; (iii) customer service and order facilitation; and (iv) logistics coordination and tracking (the “Service Fee(s)”)]. The Service Fees reflect the costs associated with these activities and areindependent of, and not part of, the price paid for the Product itself. You acknowledge that the Service Fees charged are for separate services that are performed regardless of whether Tariffs apply and that such fee is not dutiable as part of the customs value of the Product. Notwithstanding the inclusion of Service Fees, the total amount invoiced shall not exceed the price quoted and agreed upon at the time of sale. If applicable, separate charges for shipping charges, taxes and Service Fees will be shown on your invoice.
Tariffs and/or Other Government-Imposed Charges. You acknowledge and agree that shipments of Products to your location may be subject to Tariffs and/or other government-imposed charges. These Tariffs and/or other government-imposed charges may be levied by the United States government or any other governmental authority at the time of import, and may be imposed, changed, or increased after the date you place your order. You are solely responsible for payment of all such Tariffs and/or government-imposed charges, and you authorize CPA and/or the Pharmacy (or their shipping agents) to charge any such amounts to the payment method you have provided, in addition to the purchase price and shipping charges for the Products. Where possible, CPA will provide you with notice of applicable Tariffs and/or other government-imposed charges prior to charging such amounts; however, you acknowledge that such notice may not always be feasible due to the timing of governmental action. Any refusal to pay applicable Tariffs and/or other government-imposed charges may result in your shipment being delayed, held by customs, or returned, in which case you shall remain liable for all associated costs.
Warranties. THE MANUFACTURERS OF THE PRODUCTS ARE SOLELY RESPONSIBLE FOR ANY WARRANTY ASSOCIATED WITH THE PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CPA DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE TERMS & CONDITIONS, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RESPONSIBILITY FOR CLAIMS IN RESPECT OF THE PRODUCTS IS LIMITED TO REPLACEMENT OF THE PRODUCTS.
Privacy Policy. You must fully and accurately disclose your personal information and consent to its use by CPA and the Pharmacy. By submitting an order to the Pharmacy via CPA, you have consented to the collection and use of your personal information as described in CPA’s Privacy and Security Measures Policy [available on the Website (the "Privacy Policy")]. CPA reserves the right to amend the Privacy Policy from time-to-time by posting and updating the Privacy Policy on the Website. You agree to review the Privacy Policy each time you submit an order for Products.
Return Policy. CPA and the Pharmacy do not accept return of Products for any credit unless the Products were dispensed in error contrary to the prescription or a delivery error occurred. Please visit the Website to view the current return policy for Products.
Products and Services. CPA may revise and/or discontinue the services as displayed on the Website at any time, without notice.
Severability. The invalidity and unenforceability of any provisions in these Terms & Conditions shall not affect the validity or enforceability of any other provisions hereof and any such invalid or unenforceable provision shall be deemed to be severable.
Headings. The section headings used herein are for convenience only and do not form a part of these Terms & Conditions, and no construction or inference may be derived therefrom.
Force Majeure. CPA and the Pharmacy shall not be liable for any delay or failure in performance caused by circumstances beyond their reasonable control (collectively, “Force Majeure Event”). For greater certainty, a Force Majeure Event includes, but is not limited to: (i) Acts of God (including storms, floods, fires, earthquakes, volcanic eruptions, tsunamis, or other natural disasters); (ii) Epidemics, pandemics, outbreaks of infectious disease, and public health emergencies (whether declared or undeclared); (iii) Labour disputes, strikes, lockouts, slowdowns, or other industrial disturbances; (iv) Acts of war, armed conflict, terrorism, sabotage, civil unrest, riots, insurrections, or blockades; (v) Governmental action or inaction, including the imposition of new or increased tariffs, customs duties, embargoes, sanctions, import or export restrictions, changes to applicable laws or regulations, revocation or suspension of permits or licences, or other regulatory or administrative actions; (vi) Failures, interruptions, or breakdowns in transportation, utilities, telecommunications, or supply chains, including power outages, internet disruptions, cyberattacks, ransomware, or other malicious acts affecting data or systems; (vii) Shortages or unavailability of raw materials, components, or services essential to the performance of obligations under these Terms & Conditions; (viii) Any circumstance where the performance of an obligation becomes illegal, impracticable, or commercially unreasonable due to such events; and/or (ix) Any other cause, event, or circumstance, whether similar or dissimilar to the foregoing, that is beyond the reasonable control of the affected party. CPA and/or the Pharmacy will provide written notice to you as soon as reasonably practicable, specifying the nature of the Force Majeure Event, its expected duration, and the obligations affected. CPA and/or the Pharmacy will also keep you informed at reasonable intervals regarding the status of the Force Majeure Event and anticipated resumption of performance. You shall be solely responsible to make such arrangements or to purchase alternative products when there is a Force Majeure Event. Any such costs incurred in association with such purchases shall be solely borne by you. Delays or failures in performance due to a Force Majeure Event shall be excused for the duration of such event, and the time for performance shall be extended for a period equal to the duration of the delay. If a Force Majeure Event continues for more than sixty (60) days, CPA and/or the Pharmacy may, at their option, cancel the affected order without liability, except that you shall remain responsible for payment of any Products already delivered and for any Tariffs or charges incurred prior to such cancellation.
Governing Law. You understand that CPA is a marketing company that engages the Pharmacy, in its capacity as your authorized agent and attorney, for the purpose of facilitating the purchase of the Products. Title to the Products pass to you when they leave the Pharmacy. All agreements reached or contracts formed shall be deemed to have been made in the jurisdiction of the Pharmacy, and the laws of that jurisdiction shall have sole and exclusive jurisdiction over any dispute arising between you and the Pharmacy and/or under these Terms & Conditions.
Parent/Legal Guardian. In the event that you have placed the order for a child or a dependent, you have confirmed for CPA and the Pharmacy that you are the parent, legal guardian and/or have power of attorney for the customer, with full authority to sign for and to provide the above representations to CPA and the Pharmacy on the customer's behalf.
