TERMS AND CONDITIONS OF SALE
TotalCareMart.com™ is a marketing website for Coastal Health Group Inc. (collectively referred to herein as "TCM"). TCM 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, TCM 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 TCM to act on your behalf. By accepting 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, TCM, 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 TCM AT THE CONTACT NUMBER AVAILABLE ON ITS WEBSITE AT www.totalcaremart.com (the "Website").
- Knowledge and Consent. By placing an order with the Pharmacy via TCM, 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 (a) TCM 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 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 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. After delivery, 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. In the event that shipment of the Products is delayed, and upon notice from you, the Pharmacy will arrange for a replacement order to be sent to you at no additional cost. TCM 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 TCM 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. 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. 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, TCM 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. TCM 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. TCM 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. TCM 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 TCM and the Pharmacy will make reasonable efforts to do so in order to maintain good client relations, TCM 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. You understand that TCM 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 TCM 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 TCM and the Pharmacy on the customer's behalf.