Terms of Sale
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The following terms and conditions (the "Terms of Sale") govern the sale by Canadian Meds USA (“CMUSA”) and TCDS to you (the "Customer") of the products and services (the "Products") offered for sale by CMUSA and TCDS. By accepting delivery of the Products described on a purchase order (an "Order"), the Customer agrees to be bound by and accepts these Terms of Sale.
- Personal Examination. The Customer has personally attended, has had a physical examination by and has received a prescription from a duly licensed physician (the "Prescribing Physician") within the last 12 months.
- Original Prescription Not Required. Original prescriptions are not required. Prescriptions can be faxed copied, photocopied, or emailed as attachments, in addition to being mailed as originals.
- Power of Attorney. The Customer hereby authorizes and appoints CMUSA and TCDS as his or her attorneys and agents, to take all steps, sign all documents and to act on his or her behalf as if the Customer was personally present for the limited purposes of (a) obtaining a prescription from a physician licensed by the local health authorities within the dispensing pharmacy's jurisdiction, and (b) packaging the Customer's prescriptions and delivering them to the Customer. The Customer's authorization shall include, but not be limited to, the collection of personal and personal health information and disclosing such information to CMUSA and/or TCDS and the physician licensed by the local health authorities within the dispensing pharmacy's jurisdiction, as required. The Customer's authorization may be revoked at any time and shall be continued until the Customer revokes it.
- Orders; Prices; Payment Terms; Interest. Orders are not binding upon CMUSA and TCDS until accepted by TCDS in writing. The prices for the Products shall be as set forth on TCDS' website as at the time of acceptance of an order by TCDS. Prices for products shall be subject to change without notice. Credit terms are within TCDS.com's sole discretion, and unless otherwise specified on CMUSA's website or TCDS' website, payment must be received by either CMUSA or TCDS prior to TCDS' acceptance of an order. Payment for the Order must be made by a direct debit, personal check or money order.
- 14 Day Shipping. Delivery of the Product to the Customer takes place when the product leaves the dispensing pharmacy. After delivery, TCDS will, as attorney and agent for the Customer, arrange for shipping of the product to the Customer's home address. Generally, product shipments take less than 14 days to arrive. In the event that the Customer's shipment is delayed for 30 days or more, and upon notice from the Customer, TCDS will replace the delayed shipment, will re-deliver and re-ship the product to the Customer at no additional cost. CMUSA and TCDS are not liable for any damage to the Customer due to delay in shipment or failure of the product to arrive within 30 days.
- Warranties. THE MANUFACTURER OF EACH PRODUCT IS SOLELY RESPONSIBLE FOR ANY WARRANTY ASSOCIATED WITH A PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CMUSA and TCDS DISCLAIM 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. CMUSA's and TCDS' RESPONSIBILITY FOR CLAIMS IN RESPECT OF THE PRODUCTS IS LIMITED TO REPLACEMENT OF THE PRODUCT.
- Return Policy. It is unlawful for TCDS to accept medication for return and re-distribution. If there appears to be a problem with your order, please call us at 1 (877) 933-0505.
- Products. TCDS may revise and/or discontinue Products at any time without prior notice.
- Exports. It is important to note that not all of the products and services are available where the dispensing pharmacy and TCDS are located. The Food and Drug Administration has taken the position that virtually all shipments of prescription drugs imported from any foreign pharmacy by a United States customer will violate United States law. By placing an Order for product or services, the Customer represents to CMUSA and TCDS 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.
- Entire Agreement. The Customer agrees that these Terms of Sale and any document incorporated by reference or referred to herein constitute the entire agreement between the Customer and CMUSA and also between the Customer and TCDS. Further, the Customer agrees that, as pertains to the subject-matter of these Terms of Sale, the Terms of Sale as set forth herein supersede, terminate and otherwise render null and void any and all prior agreements, understandings, negotiations, contracts, proposals or requests for proposals, whether written or oral, between the Customer and CMUSA and also between the Customer and TCDS. 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.
- Severability. 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.
- Headings. The section headings used herein are for convenience of reference only and do not form a part of these Terms of Sale, and no construction or inference shall be derived therefrom.
- Force Majeure. CMUSA and TCDS 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, lost shipments. CMUSA and TCDS shall not be responsible to notify the Customer in the event of such delays. In such cases, the Customer shall be solely responsible to make arrangements to purchase alternative products and any costs incurred in connection with such purchases.
- Governing Law. The Customer understands that (aka TCDS) is a registered business name and is licensed to import, export, repackage and store pharmaceuticals. The Customer is purchasing medications that have been approved for sale by the governments from which they were manufactured or distributed from. Title to the Customer's medications passes from TCDS to the Customer when the Customer's medications leave the dispensing pharmacy. All agreements reached or contracts formed with TCDS shall be deemed to have been made in accordance with the Country that TCDS is registered in and shall have sole and exclusive jurisdiction over any dispute arising between the Customer and TCDS or its affiliates, officers and directors.
- Knowledge and Consent. The Customer has read, understands and accepts the conditions and limitations of CMUSA's and TCDS' Terms of Sale by placing an Order with either CMUSA or TCDS. 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 CMUSA'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 of Sale.