The following terms and conditions govern the supply to you (the "Customer") through Global Pharmacy Canada of the products and services (the "Products") supplied by Global Pharmacy Canada. By placing an order for Products through Global Pharmacy Canada (an "Order"), the Customer agrees to be bound by and accepts these Terms and Conditions.
1. Personal Examination. The Customer has personally attended, has had a physical examination by and has received a prescription from a duly licensed practitioner (the "Prescribing Practitioner") within the last 12 months and does not require an additional physical examination.
2. Prescription Required. Global Pharmacy Canada will not, nor will the pharmacies with which it deals with, accept any Order unless the Customer delivers the Prescribing Practitioner's original prescription to Global Pharmacy Canada by facsimile or Global Pharmacy Canada receives the original prescription from the Prescribing Practitioner by facsimile or a copy/picture of the prescription pill bottle or a copy of detailed pharmacy invoice/receipt, if the prescription has already been filled.
3. The Customer appoints Global Pharmacy Canada to act as his/her agent, as required, to send his/her order and prescriptions to a licensed pharmacy, so that the pharmacy can send his/her medications directly to him/her. The Customer understands that his/her prescriptions will be filled according to the laws of the jurisdiction in which the pharmacy is located. The Customer further understands that the pharmacies that Global Pharmacy Canada deals with may not be located in the same country as the Customer. The Customer understands that the pharmacists are located and licensed to practice pharmacy in the pharmacy's own country only and the Customer agrees that any dispensing of medications that The Customer is receiving from such pharmacists shall be deemed to be received by the Customer in the dispensing pharmacy's own country.
4. Orders; Prices; Payment Terms; Interest. Orders are not binding upon Global Pharmacy Canada until confirmed by Global Pharmacy Canada in writing by e-mail. The prices for the Products (which prices include the pharmacy's charge and Global Pharmacy Canada's fee) shall be as set forth in Global Pharmacy Canada's website as at the time of acceptance of an order by Global Pharmacy Canada. Prices for Products shall be subject to change without any further notice. Credit terms are within Global Pharmacy Canada's sole discretion, and unless otherwise specified in Global Pharmacy Canada's invoice, payment must be received by Global Pharmacy Canada prior to Global Pharmacy Canada's acceptance of an order. Payment for the Order will be made by a credit card accepted by Global Pharmacy Canada.
5. Shipping Charges; Taxes. Separate charges for shipping will be shown on Global Pharmacy Canada's invoice(s). We do not collect any taxes or duties on the drugs shipped from the pharmacies we deal with.
6. 21 Day Shipping. Delivery of the Product to the Customer takes place when the product leaves the dispensing pharmacy. Global Pharmacy Canada will, as agent for the Customer, arrange for shipping of the product to the Customer's home address. Normally, the Customer's product shipment takes less than 21 days to arrive. In the event that the Customer's shipment is delayed, and upon notice from the Customer, Global Pharmacy Canada will have the delayed shipment replaced at no additional cost. Alternatively the Customer can ask for 100% refund of the monies paid and same shall be refunded by Global Pharmacy Canada without any deductions. Global Pharmacy Canada is not liable for any damage to the Customer due to delay in shipment or failure of the product to arrive within 21 days.
7. Warranties. THE MANUFACTURER OF EACH PRODUCT IS SOLELY RESPONSIBLE FOR ANY WARRANTY ASSOCIATED WITH A PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GLOBAL PHARMACY CANADA DISCLAIMS ANY WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GLOBAL PHARMACY CANADA'S RESPONSIBILITY FOR CLAIMS IN RESPECT OF THE PRODUCTS IS LIMITED TO REPLACEMENT OF THE PRODUCT. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT GLOBAL PHARMACY CANADA SHALL NOT BE LIABLE TO THE CUSTOMER OR ANY OTHER PERSON IN CONTRACT, NEGLIGENCE OR OTHERWISE AT LAW OR EQUITY, FOR ANY DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE, IN EXCESS OF THE PRICE PAID BY THE CUSTOMER TO GLOBAL PHARMACY CANADA FOR THE PRODUCTS ORDERED BY THE CUSTOMER PURSUANT TO THE CUSTOMER’S ORDER.
9. Return & Refund Policy. If you are unsatisfied with your medications for any reason, Global Pharmacy Canada will refund your money within 60 days of your purchase. Global Pharmacy Canada, Inc. or the call center operated by RX Processing Services, Inc. will NOT accept any returns of the medication. Please safely dispose of the medication at a local pharmacy in your neighborhood.
10. Use of Insurance: Global Pharmacy Canada cannot accept insurance coverage from another country. However, we will provide you with a receipt that you can use to make an insurance claim. Please make sure that your insurance company will accept an itemized receipt from a foreign company.
11. Products. Global Pharmacy Canada may revise and discontinue offering any Products at any time without prior notice.
12. Exports. By placing an Order, the Customer represents to Global Pharmacy Canada that the sale, delivery and shipment of the Products will not violate any import , export or other law or regulation in the Customer's jurisdiction of residence or any other jurisdiction where the products are being shipped.
13. Entire Agreement. The Customer agrees that these Terms and Conditions and any document incorporated by reference or referred to herein constitute the entire agreement between the Customer and Global Pharmacy Canada pertaining to the subject-matter of these Terms and Conditions, and 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 and Global Pharmacy Canada. In the event of a conflict between these Terms and Conditions and any of the documents incorporated by reference or referred to herein, these Terms and Conditions shall govern.
14. Severability. The invalidity or unenforceability of any provision of these Terms and Conditions 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. Headings. The section headings used herein are for convenience of reference only and do not form a part of these Terms and Conditions, and no construction or inference shall be derived therefrom.
16. Force Majeure. Global Pharmacy Canada shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, delays due to backorders of requested Products, mail delays, customs delays, or lost shipments. Global Pharmacy Canada shall not be responsible to notify the Customer in the event of such delays. The Customer shall be solely responsible to make other arrangements to purchase alternative products and any costs incurred in connection with such purchases shall be the sole responsibility of the Customer.
17. Governing Law. This agreement shall be governed by and construed in accordance with the laws of India.
18. Knowledge and Consent: The Customer has read and understands the terms of and conditions of Global Pharmacy Canada's Terms and Conditions by placing an Order with Global Pharmacy Canada. 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 and Conditions are readily accessible on a 24-hour basis from Global Pharmacy Canada's website and shall be provided to the Customer in hard copy format upon request at any time. The Customer acknowledges having had every opportunity to obtain independent legal advice with respect to the Terms and Conditions.