TERMS & CONDITIONS OF SALE
You are receiving these Terms & Conditions of Sale (“Terms & Conditions”) from Coastal Health Group Inc. dba TotalCareMart.com (“TCM”) because you have placed an order for the purchase of pharmaceutical products [“Product(s)”] through TCM’s prescription referral service. TCM contracts with a marketing company organized under the laws of the Province of Manitoba, Canada, for the purpose of facilitating the purchase of Products between consumers and licensed pharmacies and dispensaries (the "Pharmacy" or “Pharmacies”) located in various international jurisdictions. TCM works with the Pharmacies to facilitate Product orders for the benefit of consumers. Since you are not located in the same area where your Products will be coming from, it is necessary for you to authorize TCM and the Pharmacy to act on your behalf. By accepting delivery of the Products and services from TCM and the Pharmacies you agree to be bound by these Terms & Conditions.
THESE TERMS & CONDITIONS APPLY TO ALL TRANSACTIONS, BOTH CURRENT AND FUTURE, INVOLVING THE PURCHASE OF PRODUCTS FROM THE PHARMACIES. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, TCM AND THE PHARMACIES, AS YOUR AUTHORIZED AGENTS AND ATTORNEYS, WILL NOT BE ABLE TO FACILITATE YOUR PURCHASE OF THE 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 the Terms & Conditions are readily accessible on a 24-hour basis 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 TCM and the Pharmacy as your agents and attorneys, 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; (b) signing relevant customs and/or export documents on your behalf, if applicable; and (c) 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 2-4 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, penalties, or other government-imposed charges or regulatory assessments (collectively, “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. TCM and the Pharmacy are not liable for any damages suffered due to any delays in shipment or failure of the Products to arrive within a specific number of days. For greater certainty, you acknowledge that shipments may be delayed, held, or subject to inspection by customs or government authorities, and that such events are outside the control of TCM and the Pharmacy.
International Products. Products offered 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 Pharmacies 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. You further acknowledge and accept that any Tariffs imposed by the United States or any other jurisdiction on your order are your sole responsibility.
Payment Terms. Your order is not binding on the Pharmacy until accepted in writing. The price(s) for the Products in your order 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 & Service Fees. Charges for shipping and handling will be shown on your invoice. You are responsible for all services taxes, sales and other taxes and/or Tariffs associated with your order. If applicable, separate charges for taxes and/or Tariffs will be shown on the invoice. In addition, TCM and the Pharmacy reserve the right to charge you for such amounts either at the time of sale or retroactively in the event that any government agency seeks payment of Tariffs, taxes and/or assessments after delivery. You expressly consent to the Pharmacy or TCM charging your payment method on file for such amounts. Moreover, 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, and subject to the any retroactive charges for Tariffs, taxes and/or other taxes imposed after delivery, the total amount invoiced for the Products shall not exceed the price quoted and agreed upon at the time of sale.
Tariffs and/or Other Government-Imposed Charges. You acknowledge and agree that shipment of the 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 TCM 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, TCM and/or the Pharmacy 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, TCM AND THE PHARMACIES DISCLAIM 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 TCM and the Pharmacy. By submitting an order to the Pharmacy via TCM, you have consented to the collection and use of your personal information as described in the TCM Privacy and Security Measures Policy available online at the Website (“Privacy Policy”). TCM reserves the right to amend the Privacy Policy from time-to-time by posting and updating the Privacy Policy on the Website. You have agreed to review the Privacy Policy each time you submit an order for Products.
Return Policy. The Pharmacy does 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 and/or the Pharmacy may revise and/or discontinue the Products and services as displayed on the Website at any time, without notice. TCM and the Pharmacy reserve the right to refuse or cancel orders in compliance with applicable law or regulatory requirements.
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 of reference only and do not form a part of these Terms & Conditions, and no construction or inference may be derived there from.
Force Majeure. TCM and the Pharmacy shall not be liable for any delay, interruption, or failure in performance arising from any event 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, shortages of materials, transportation disruptions, power failures, cyberattacks, ransomware (or other malicious acts affecting data or systems), mail delays, or other industrial disturbances; (iv) Customs inspections, governmental actions or inactions (including the imposition of new or increased Tariffs, embargoes, seizures, or regulatory prohibitions), changes to applicable laws or regulations, revocation or suspension of permits or licenses, or other regulatory or administrative actions; (v) Acts of war, armed conflict, terrorism, sabotage, riots, insurrections, blockades or civil unrest; (vi) Any circumstance where the performance of an obligation becomes illegal, impracticable, or commercially unreasonable due to such events; and/or (vii) Any other cause, event, or circumstance, whether similar or dissimilar to the foregoing, that is beyond the reasonable control of the affected party. This clause is intended to be interpreted broadly in accordance with the jurisdiction of the Pharmacy to excuse non-performance in circumstances beyond reasonable control. TCM 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. TCM 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, TCM 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 other imposed charges incurred prior to such cancellation.
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 passes to you when they leave the Pharmacy. All agreements reached or contracts formed shall be deemed to have been made in the home 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. You agree that any claim or dispute must be brought in the courts of that jurisdiction, and you waive any right to assert jurisdiction elsewhere.
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.
