Your Canada Drug Store.com Customer Care (YCDSCC) which includes its officers, directors, affiliates, representatives, agents, contractors and sub-contractors (collectively, “Your Canada Drug Store.com Customer Care” is the marketing company specializes in the provision of distance based pharmacy care and mail order delivery of pharmacy medicine. It is headquartered in Winnipeg, Manitoba, Canada. YCDSCC is not engaged in conducting sales, but rather engages in the business of facilitating sales transactions on behalf of authorized pharmacies both within Canada and internationally. Since you are not located in the same area as the dispensary your medications will be coming from, it is necessary for you to authorize YCDSCC to act on your behalf. The following terms and conditions (the “Terms of Sale”) related to the services and sales as between the YCDSCC and the authorized Pharmacy (the “Pharmacy”) and you (the “Customer”) of the products and services (the “Products”) offered for sale by the Pharmacy. By accepting delivery of the Products described on a purchase order (an “Order”), the Customer agrees to be bound by and accepts the Terms of Sale.
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, YCDSCC, 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 YCDSCC AT THE CONTACT NUMBER AVAILABLE ON ITS WEBSITE AT www.yourcanadadrugstore.com (the “Website“).
- About You. By placing an order with the Pharmacy via YCDSCC, you acknowledge that you are of the age of majority, of sound mind, and fully competent to make you own decisions. You also 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 Product. You certify that you have had a physical examination by Your Own Physician within the last twelve (12) months from the date hereof.
- Power of Attorney. You appoint YCDSCC (and partners) to act as your agent and power of attorney in order to take all steps that it deems necessary to have the Product dispensed by the Pharmacy, to the same extent as you could do if you were personally present at the Pharmacy, including: collecting personal health information , disclosing that information to and having a licensed physician perform an independent medical review in order to obtain a valid prescription for the Product and packaging the Product and delivering it to you. You hereby waive any requirement of the physician to conduct a physical examination. This authorization may be revoked at any time and shall continue until such revocation has been provided to YCDSCC.
- Parent/Legal Guardian.In the event that you have placed the order for a child or a dependent, you have confirmed for YCDSCC 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 YCDSCC and the Pharmacy on the customer’s behalf.
- Prescription Required. You acknowledge that the Pharmacy will not accept any order unless you deliver a valid original prescription issued by Your Own Physician based upon a personal consultation and examination, as referenced in paragraph 2 above.
- Shipping. Delivery of the Products ordered from the Pharmacy takes place when the Products leave the Pharmacy. As your authorized agent and power of attorney, YCDSCC will arrange for the shipping of the products to your home address. Shipments take an average of two (2) – four (4) weeks to arrive. In the event that shipment of the Products is delayed the Pharmacy will arrange for a replacement order to be sent to you at no additional cost. We pride ourselves in the quality of our service and will work hard to ensure that you receive your medications as soon as possible. YCDSCC 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. Not all Products offered for sale by the Pharmacy are 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 YCDSCC 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. The price(s) for the Products shall be as specified by the Pharmacy and as set forth at the time of acceptance. Prices may be subject to change without notice. Your order is not binding on the Pharmacy until accepted in writing. Credit terms are at the discretion and as specified by the Pharmacy. Payment for your order may be made by any form of credit or payment accepted by the Pharmacy.
- Shipping Charges; Taxes. Charges for shipping and handling will be shown on your invoice. You are responsible for all service taxes, sales and other taxes associated with your order and as required by the Pharmacy. If applicable, separate charges for taxes will be shown on your invoice.
- Warranties. THE MANUFACTURERS OF THE PRODUCTS ARE SOLELY RESPONSIBLE FOR ANY WARRANTY ASSOCIATED WITH THE PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YCDSXX 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.
- Return Policy. YCDSXX 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.
- Force Majeure. YCDSCC and the Pharmacy shall not be liable for any delay or failure in performance caused by circumstances beyond their reasonable control including, without limitation, delays due to back orders of requested Products, mail delays, customs delays and lost shipments. Although YCDSCC and the Pharmacy will make reasonable efforts to do so in order to maintain good client relations, YCDSCC and the Pharmacy are not responsible to notify you in the event of any delay. You shall be solely responsible to make such arrangements or to purchase alternative products. Any such costs incurred in association with such purchases shall be solely borne by you.
- Governing Law. Title to the products passes to you when they leave the Pharmacy. Any and all agreements reached or contracts formed and transactions undertaken with or involving the Pharmacy are and shall be deemed to be made in the jurisdiction of the Pharmacy and shall be governed by the laws of the jurisdiction of the Pharmacy 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.