Terms of Sale
THESE TERMS AND CONDITIONS APPLY TO ALL TRANSACTIONS, BOTH CURRENT AND FUTURE, INVOLVING THE PURCHASE OF PHARMACEUTICAL PRODUCTS FROM AUTHORIZED PHARMACIES/FULFILLMENT CENTERS OF ELIE PHARMACY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, ELIE PHARMACY WILL NOT BE ABLE TO FACILITATE YOUR PURCHASE OF INTERNATIONAL PHARMACEUTICAL PRODUCT(S). IF YOU HAVE RECEIVED PRODUCT(S) WITH THESE TERMS AND CONDITIONS AND YOU DO NOT AGREE TO THE TERMS AND CONDITIONS YOU MUST RETURN THE PRODUCT(S) WITHIN 30 DAYS BY CONTACTING ELIE PHARMACY AT THE CONTACT NUMBER AVAILABLE ON THE ELIE PHARMACY WEBSITE, WWW.eliepharmacy.com.
- Knowledge and Consent. By placing an order with Elie Pharmacy, you acknowledge that you are of the age of majority, of sound mind, and consent to these terms of sale with full knowledge and without undue influence or duress. You acknowledge that the terms of sale are readily accessible on a 24-hour basis on the Elie Pharmacy website and that you have every opportunity to obtain independent legal advice with respect to these terms of sale.
- Personal Examination. You acknowledge that you are of the age of majority, of sound mind, and consent to these terms and conditions with full knowledge and without undue influence or duress. You acknowledge that the terms and conditions are readily accessible on a 24-hour basis on the Elie Pharmacy website and that you have every opportunity to obtain independent legal advice with respect to these terms and conditions.
- Original Prescription Required. You acknowledge that the Pharmacy will not accept any order unless the customer delivers a valid prescription issued by a licensed practitioner based upon a personal consultation and examination.
- Power of Attorney. You authorize and appoint (a) the Pharmacy as your attorney and agent, 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 for any prescription which you have sent to the pharmacy and (b) packaging your prescriptions 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.
- Delivery. Delivery of the pharmaceuticals you order from the Pharmacy takes place when the pharmaceuticals leave the Pharmacy. After delivery, the Pharmacy will, as attorney and agent for you, arrange for the shipping of the product to your home address. Normally, shipments take an average of 2-4 weeks to arrive. In the event that your shipment is delayed, and upon notice from you, the Pharmacy will arrange for a replacement order to be sent to you at no additional cost. The Pharmacy is not liable for any damages suffered due to delay in shipment or failure of the product to arrive within a specific number of days.
- International Products. Not all pharmaceutical products offered by the Pharmacy may be available for sale within the United States and considered FDA-approved. Please note that the Food and Drug Administration has taken the position that virtually all shipments of prescription drugs imported from an international pharmacy by a United States customer will violate United States law. By placing an order for products or services with 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. Orders are not binding upon the Pharmacy until accepted in writing. The prices for the products in your order shall be as specified by the Pharmacy and as set forth at the time of acceptance of an order. Prices may be subject to change without further 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 an 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 services taxes, sales and other taxes associate with your order as required by the Pharmacy. If applicable, separate charges for taxes will be shown on the invoice.
- Warranties. THE MANUFACTURER OF EACH PRODUCT IS SOLELY RESPONSIBLE FOR ANY WARRANTY ASSOCIATED WITH A PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELIE PHARMACY DISCLAIMS ALL 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. RESPONSIBILITY FOR CLAIMS IN RESPECT OF THE PRODUCTS IS LIMITED TO REPLACEMENT OF THE PRODUCT.
- Return Policy. Under the law in Manitoba, Canada, where your North American medications are dispensed, we cannot accept any returns for your medication once it had left our facility. We apply a series of checks to the order process to reduce the chance of errors. In the event there is an error, we will contact you as soon as possible to rectify the situation.
- Products and Services. Elie Pharmacy may revise and discontinue its products and services as displayed on its website at any time without prior notice.
- Severability. The invalidity and unenforceability of any provisions in these Terms and 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 and Conditions, and no construction or inference may be derived there from.
- Force Majeure. Elie Pharmacy shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, delays due to back orders of requested products, mail delays, customs delays, lost shipments. Although Elie Pharmacy makes reasonable efforts to do so in order to maintain good client relations, Elie Pharmacy is not responsible to notify the customer in the event of any delay. You shall be solely responsible to make such arrangements or to purchase alternative products and any costs incurred in connection with such purchases that you make.
- Governing Law. Title to the medications that you purchase passes to you when the medications leave the Pharmacy. All agreements reached or contracts formed with the Pharmacy 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.
- Parent/Legal Guardian. In the event that you have placed the order for a child or a dependent, you have confirmed for Elie Pharmacy that you are the parent, legal guardian, or have power of attorney for the patient, with full authority to sign for and to provide the above representations to the Pharmacy on the patient’s behalf.