Terms of Sale
Terms of Sale
Terms of Sale Canadacloudpharmacy.com is the website authorized for the provision and sale of products and services on behalf the authorized and licensed pharmacy, Cloud Pharmacy, located at 4973 Victoria Drive,Vancouver,BC, V5P 3T7. The following terms and conditions (the "Terms of Sale") are in relation to the sales and services between canadacloudpharmacy.com the authorized Pharmacy (the "Pharmacy") and you (the "Customer") for the products and services (the "Products") offered by the Pharmacy. Upon placing an order of the Products detailed on a purchase order (an “Order”) the Customer agrees to and accepts the Terms of Sales. Canadacloudpharmacy.com is a Canadian business registered in the Province of Vancouver, British Columbia, Canada. Customers are purchasing medications and products approved for sale in Canada. Any and all disputes, claims or controversies that arise out of the sale, delivery, use or misuse of any product or service shall be submitted and be subject to the jurisdiction of the courts of the Province of British Columbia. The final adjudicate in determining any suit, action or proceeding from or in connection to the Pharmacy must be made in the courts of the Province of British Columbia with reference to British Columbia laws. These terms of sale may not be amended, supplemented or altered in any way by a Customer document. Term of sale are subject to change at any time without prior notice.
1. Power of Attorney
The Pharmacy shall be authorized and appointed by the Customer as its attorney and agent, to sign all documents, take all steps and act on behalf of the Customer as if the Customer is personally present and acting for itself for the purposes of obtaining a legally valid prescription for any prescription the Customer has sent to canadacloudpharmacy.com or to Cloud Pharmacy and packaging and delivering the Customer's prescription. This Customer authorization shall include, but is not limited to, the gathering and compiling of personal and health information and disclosure of such information to canadacloudpharmacy.com the Pharmacy, the physician and any other healthcare professionals being retained, as required, on behalf of the Customer. This authorization shall continue until the Customer revokes it. The Customer may revoke the authorization at any time.
2. Prescription Required
CanadaCloudPharmacy.com will not accept an Order for a prescription item unless the customer delivers the Prescribing Practitioner's prescription to CanadaCloudPharmacy.com or unless CanadaCloudPharmacy.com receives the original prescription from the Prescribing Practitioner by facsimile or electronic mail.
3. Personal Examination
The Customer has personally attended a physician, physical examination and have received a prescription, within the last 12 months, in reference to the Product order or service sought and does not require any additional examination.
5. Products and Services
CanadaCloudPharmacy.com may revise and discontinue the Products and Services it offers at any time without prior notice.
6. Orders; Prices; Payment Terms
Orders are not binding upon canadacloudpharmacy.com until accepted in writing. The prices for the Products shall be as specified by the Pharmacy and as set forth in canadacloudpharmacy.com's website as at the time of acceptance of an order. Prices for Products shall be subject to change without further notice. Credit terms are within CanadaCloudPharmacy.com’s sole discretion. Payment for the Order may be made by a credit card accepted by CanadaCloudPharmacy.com, personal cheque or money order. In the case of personal check and money order, the payment must clear prior to shipment of the product.
7. Shipping Charges; Taxes
Shipping and handling charges will be indicated on canadacloudpharmacy.com’s invoice(s). the Customer is also responsible for any goods and services tax, sales tax, and any other taxes associated with the order if applicable.
The Pharmacy will, as attorney and agent for the Customer, arrange for shipping of the product to the Customer's chosen address. Ship dates and durations are estimates only. canadacloudpharmacy.com is not responsible for any delays in shipment or failure to ship by an estimated ship date. Canadacloudpharmacy.com is not liable for any damage to the Customer due to delay in shipment or failure of the product to arrive within the estimated shipping duration.
By placing an Order for product or services, the Customer represents to the Pharmacy that sale, delivery and shipment of the Products will not violate any import, export or other law or regulation in the Customer's home jurisdiction. The Customer acknowledges that the Products sold are subject to applicable export and import control laws and regulations.
10. Return Policy
Canada Cloud Pharmacy is a licensed Canada Pharmacy and in order to protect you, and other parties involved, prescription products cannot be returned for any reason. All sales are final. Please consult with your physician, or our pharmacist, before completing your order if you have any questions regarding your medication.
THE MANUFACTURER OF EACH PRODUCT IS SOLELY RESPONSIBLE FOR ANY WARRANTY ASSOCIATED WITH A PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CANADACLOUDPHARMACY.COM DISCLAIMS ANY WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE TERMS OF SALE, 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 PRODUCT.
12. Force Majeure
Canadacloudpharmacy.com shall not be liable for any failure in performance or delay caused by circumstances beyond its reasonable control, which includes but is not limited to, mail delays, lost shipments, delays due to backorders of requested products, customs delays to the maximum extent permitted by law. CanadaCloudPharmacy.com will not be liable for damages arising from loss of profits, loss of business, personal injury or death or other loss or damage related in any way to products or services, whether direct or consequential, special, indirect or punitive, even if advised of the possibility of such losses or damages, or for any claim by any third party regardless of the causes or circumstances even if such loss or damage or liability is based on negligence or other torts or breach of contract including, without limitation, fundamental breach of a fundamental term. Canadacloudpharmacy.com shall not be responsible to notify the Customer in the event of delays. The Customer shall be solely responsible to make other arrangements to purchase alternative products and any costs incurred in connection with such purchases.
13. Entire Agreement
The Customer agrees that these Terms of Sale, along with any document incorporated by reference or referred to herein, constitutes the entire agreement between the Pharmacy and the Customer regarding to the subject-matter of these Terms of Sale. These terms supersedes, terminates and otherwise renders null and void any and all prior agreements, understandings, negotiations, contracts, proposals or requests for proposals, whether written or oral, between the Customer, canadacloudpharmacy.com In the event of a conflict between these Terms of Sale and any of the documents incorporated by reference or referred to herein, these Terms of Sale shall govern.
The invalidity or unenforceability of any provision of these Terms of Sale shall not affect the validity or enforceability of any other provision hereof and any such invalid or unenforceable provision shall be deemed to be severable.
15. Knowledge and Consent
By placing an order with CanadaCloudPharmacy.com, the Customer has read and understands the terms and conditions as set out herein. The Customer represents that he/she consents to the Terms of Sale, and does so with full knowledge and without undue influence or duress. The Customer acknowledges that the Terms of Sale are readily accessible on a 24-hour basis from the canadacloudpharmacy.com website. The Customer acknowledges having had every opportunity to obtain independent legal advice with respect to the Terms of Sale.
Last Updated On April, 19 2017