Terms of Sales
CAN HEALTH SUPPLIER (FZE) is not engaged in conducting sales but rather engages in the business of facilitating sales transactions on behalf of authorized pharmacies both within the SAIF Zone and internationally. The following terms and conditions (the “Terms of Sale”) relate to the services and sales between the CAN HEALTH SUPPLIER (FZE) authorized Pharmacy (the “Pharmacy”) and you (the “Customer”) of the products and services (the “Products”) offered for sale by the Pharmacy. By accepting delivery of the Products described on a purchase order (an “Order”), the Customer agrees to be bound by and accepts the Terms of Sale.
1. Personal examination
The customer has personally attended, has had a physical examination by, and has received a prescription from a duly licensed practitioner (the “Prescribing Practitioner”) within the last 12 months and does not require an additional physical examination.
2. Original prescription required
CAN HEALTH SUPPLIER (FZE) will not accept any order unless the customer delivers the Prescribing Practitioner’s original prescription to CAN HEALTH SUPPLIER (FZE) or unless CAN HEALTH SUPPLIER (FZE) receives the original prescription from the Prescribing Practitioner by facsimile.
3. Power of attorney
The customer shall authorize and appoint the Pharmacy as its attorney and agent to take all steps, sign all documents, and act on its behalf as if the customer was personally present and acting for itself for the limited purposes of (a) obtaining a legally valid prescription for any prescription which the customer had sent to CAN HEALTH SUPPLIER (FZE); 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 disclosure of such information to CAN HEALTH SUPPLIER (FZE), the Pharmacy, the physician, and any other health professionals being retained on behalf of the customer, as required. The customer’s authorization may be revoked at any time and shall continue until the customer revokes it.
4. Orders; prices; payment terms; interest
CAN HEALTH SUPPLIER (FZE) may act on behalf of the Pharmacy to collect order information and/or payment. Orders are not binding upon CAN HEALTH SUPPLIER (FZE) until accepted in writing. The prices for the products shall be as specified by the Pharmacy and as set forth on CAN HEALTH SUPPLIER (FZE)’s website at the time of acceptance of an order by CAN HEALTH SUPPLIER (FZE). Prices for products shall be subject to change without further notice. Credit terms are at the discretion and as specified by the Pharmacy and implemented by CAN HEALTH SUPPLIER (FZE), and unless otherwise specified in writing, payment must be received by CAN HEALTH SUPPLIER (FZE) prior to acceptance of an order. Payment for the order may be made by a credit card accepted by CAN HEALTH SUPPLIER (FZE), wire transfer, bank draft, personal cheque, or money order. If credit terms have been agreed to by CAN HEALTH SUPPLIER (FZE), invoices are due and payable within thirty days after the date of the invoice. The customer agrees to pay interest on all amounts past due at a rate of 18 per cent per annum.
5. Shipping charges; taxes
In some cases, CAN HEALTH SUPPLIER (FZE) has been retained to prepare and issue invoices on behalf of the Pharmacy. In such cases, separate charges for shipping and handling will be shown on the invoice(s). The customer is responsible for services tax, sales, and all other taxes associated with the order, however designated, as required by the jurisdiction of the sale. If applicable, a separate charge for taxes will be shown on CAN HEALTH SUPPLIER (FZE)’s invoice.
6. Shipping
Delivery of the product to the customer takes place when the product leaves the Pharmacy. After delivery, the Pharmacy will, as attorney and agent for the customer, arrange for the shipping of the product to the customer’s home address. Normally, the customer’s product shipment takes an average of 14 to 21 days to arrive. In the event that the customer’s shipment is delayed past 28 days, and upon notice from the customer, CAN HEALTH SUPPLIER (FZE) will arrange with the Pharmacy to replace the delayed shipment, and the Pharmacy will re-deliver and re-ship the product to the customer. CAN HEALTH SUPPLIER (FZE) is not liable for any damage to the customer due to delay in shipment or failure of the product to arrive within 28 days.
7. Warranties
The manufacturer of each product is solely responsible for any warranty associated with a product. To the maximum extent permitted by law, CAN HEALTH SUPPLIER (FZE) disclaims 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. Responsibility for claims in respect of the products is limited to replacement of the product.
8. Privacy policy
The customer shall fully and accurately disclose their personal information and consent to its use by CAN HEALTH SUPPLIER (FZE). By submitting an order to CAN HEALTH SUPPLIER (FZE), the customer consents to the collection and use of personal information as described in our Privacy Policy published on the CAN HEALTH SUPPLIER (FZE) website. CAN HEALTH SUPPLIER (FZE) reserves the right to amend its Privacy Policy from time to time by posting the updated policy on its website. The customer agrees to review the Privacy Policy each time it submits an order.
9. Return policy
Prescription products cannot be returned or replaced. Once purchased and shipped, no pharmaceutical product may be returned or exchanged.
10. Recall policy
We offer a Recall Policy. Please refer to the Recall Policy for complete details. CAN HEALTH SUPPLIER (FZE) reserves the right to amend its Recall Policy from time to time by posting the updated policy on its website. The customer agrees to review the Recall Policy each time it submits an order.
11. Products and services
CAN HEALTH SUPPLIER (FZE) may revise and discontinue the Products and Services displayed on the website at any time without prior notice.
12. Exports
It is important to note that not all of CAN HEALTH SUPPLIER (FZE)’s services shown on the website are available in all provinces or jurisdictions outside of SAIF Zone. The regulatory authorities may take the position that virtually all shipments of prescription drugs imported from an international pharmacy by a customer will violate local laws. By placing an order for products or services, the customer represents to CAN HEALTH SUPPLIER (FZE) and the Pharmacy 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.
13. 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, CAN HEALTH SUPPLIER (FZE), and the Pharmacy pertaining to the subject matter of these Terms of Sale, and 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, CAN HEALTH SUPPLIER (FZE), and the Pharmacy. 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.
14. 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.
15. 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.
16. Force majeure
CAN HEALTH SUPPLIER (FZE) shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.