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Terms and Conditions of Sale

The Canadian Pharmacy (“TCP”) specializes in the provision of distance based pharmacy care and mail order delivery of pharmacy medicine from a head office located in Winnipeg, Manitoba, Canada.  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 TCP to act on your behalf.  The following terms and conditions apply to all sales and delivery of pharmacy medicine between TCP, and/or its authorized third party pharmacy partners (“Partners”), and you, the patient. By accepting delivery of the products and services from TCP, you agree to be bound by and accept these terms and conditions of sale.

About You.  By placing an order with TCP, you acknowledge that you are of the age of majority in the jurisdiction where you live, are entitled to make your own medical decisions, are of sound mind, and understand and consent to these terms and conditions of sale without undue influence or duress.  You acknowledge that the terms of sale are readily accessible on a 24-hour basis on the TCP website and that you have every opportunity to obtain independent legal advice with respect to them.

Prescription Required.   You knowledge that TCP (and its Partners) will not accept any prescription medication order unless you deliver a valid prescription to us, which is a prescription issued by a licensed practitioner based upon and after the appropriate personal examinations as determined by your home jurisdiction’s medical standards of practice.

Your Prescription.   The medications you have requested were lawfully prescribed by a qualified and licensed physician. You have attended, have had a physical examination, and have received a prescription from a duly licensed practitioner within the last year, and do not require an additional physical examination. You have not altered your prescription in any way. The duty of care with respect to the prescribing of your medications is and shall remain the responsibility of your physician. You will consult with your physician for any appropriate monitoring and testing. You will use your medication only as directed by your physician, and will remain under the care of your physician while taking your medication. Except as specifically authorized by law (and further clarified herein), you are not purchasing medications for anyone else, and you will be the only person using the medication obtained from TCP. In the event that you are unable to personally place your order with TCP (and its Partners) due to age or infirmity, you can authorize someone else to place your order and assist you in acquiring your medications, so long as they have power of attorney over your affairs, and provide a copy of their legal authorization to act on your behalf to TCP.

Power of Attorney.   You expressly grant to TCP (and its Partners) power of attorney to take all steps, sign all documents, and act on your behalf for the purposes of obtaining a prescription recognized and valid within the dispensing pharmacy’s home jurisdiction, as well as packaging and shipping the medications 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 any pharmacist, physician, or other health professional being retained on your behalf, as required.

Canadian and International Medications.    TCP is a licensed Canadian pharmacy operating out of Winnipeg, Canada, and legally licensed and authorized by the Manitoba Pharmaceutical Association and Health Canada to fill and dispense Canadian medications only.  TCP’s Partner pharmacies similarly operate within and comply with the laws and regulations in their home jurisdiction.

Prices; Payment Terms.   The prices of the medications you order shall be confirmed at the time of TCP’s acceptance of your order.  Prices may be subject to change without notice.  Unless otherwise specified in writing, payment must be received at the time of or prior to our acceptance of your order.  We provide several options for payment.  In the event that credit terms have been granted to you, you have agreed to pay interest on all amounts past due at the rate of 18% per annum unless otherwise agreed in writing.

No Medication Returns. Medications cannot be returned for refund or exchange. Pursuant to Health Canada regulations and instructions, TCP cannot accept returned medications.

Shipping Charges and Taxes.   You are responsible for all shipping charges associated with your order.  Details regarding these charges will be set out clearly on your invoice, which shall be provided to you with or at the same time as your order. If you have any questions regarding any charges on your order, please call us.

Warranties. THE MANUFACTURER OF EACH PRODUCT IS SOLELY RESPONSIBLE FOR ANY WARRANTY ASSOCIATED WITH THE PRODUCT.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, TCP DISCLAIMS ALL 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.

Privacy.   You have fully and accurately disclosed your personal and health information us, and authorize TCP (and its Partners) to collect and use your information for the fulfilment and delivery of your order.  By submitting an order, you have consented to TCP’s (and its Partners’) collection and use of your personal information.

Products and Services.   TCP may revise and discontinue any products and services displayed on its website at any time without notice. If you have any questions about TCP’s products or services, please call us.

Delivery.   Delivery of the medications you order takes place when they leave the pharmacy.  After delivery, TCP (and its Partner) will, as attorney and agent for you, arrange for shipment of the medications to your home address.  Normally, shipments take an average of 14-21 days to arrive.  In the event that your shipment is delayed, and upon notice from you, we will arrange for a replacement order to be sent to you.  We pride ourselves in the quality of our service and will work hard to ensure that you receive your medications as soon as possible. However, you accept that TCP is not liable for any damages suffered due to delays in shipment or failure of the product to arrive within a specific number of days. You release and discharge TCP’s (and its Partners’) directors, officers, agents and employees from any and all liability, claims actions or causes of action with respect to any errors or omissions by the carrier responsible for delivering my medication to me.

Severability.   The invalidity and unenforceability of any provisions in these Terms and Conditions of Sale 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 and Conditions of Sale. No construction or inference may be derived from them.

Governing Law.   You acknowledge that if your medications are dispensed by TCP, then the pharmacy service was performed in the Province of Manitoba, in the same way as if you had physically attended to TCP’s location in Winnipeg, Manitoba, Canada. Any dispute, complaint, demand, claim, or cause of action relating to TCP’s services will be governed by the laws of the Province of Manitoba, the regulations of the Manitoba Pharmaceutical Association, and any applicable federal laws of Canada. In such event, you expressly attorn to the jurisdictions of Manitoba, and the courts in Manitoba will have sole and binding authority to settle any and all disputes. If your medications are dispensed by a Partner, then the pharmacy services are performed in the jurisdictions of the Partner pharmacy, in the same way as if you had physically attended to the Partner’s location. Any dispute, complaint, demand, claim, or cause of action relating to the Partner’s services will be governed by the laws of the jurisdictions of the Partner pharmacy. In such event, you expressly attorn to of the jurisdiction of the Partner pharmacy and the courts of that jurisdiction will have sole and binding authority to settle any and all disputes.

YOU SPECIFICALLY CONFIRM, ACKNOWLEDGE AND AGREE THAT EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS, WITHOUT LIMITATION, WILL APPLY AUTOMATICALLY AND GOVERN ANY PRESENT AND FUTURE ORDERS UNLESS YOU SPECIFICALLY INDICATE OTHERWISE AT THE TIME OF ORDERING. ANY AUTHORIZATIONS AND CONSENT INCLUDED IN THESE TERMS AND CONDITIONS WILL CONTINUE UNTIL YOU CANCEL THEM, WHICH YOU CAN DO AT ANY TIME. HOWEVER, IF YOU CANCEL YOUR AUTHORIZATION AND CONSENT, WE MAY BE UNABLE TO PROVIDE SERVICES TO YOU.

If at any time you have questions regarding our policies please don’t hesitate to contact us at: info@thecanadianpharmacy.com