Terms of Sale And Conditions
Introduction
The following terms and conditions (the "Terms") govern the products and services (the "Products") offered through NorthWestPharmacy.com to you (the "Customer"). By placing an order for Products, Customer agrees to be bound by and accepts these Terms as well as the Customer Agreement.
Other Documents.
These Terms may not be altered, supplemented, or amended by the use of a Customer purchase order or similar Customer document. Any attempt by Customer to alter, supplement or amend this document or to enter into an order for Products that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and NorthWestPharmacy.com. NorthWestPharmacy.com may change the Terms at any time without prior notice.
Governing Law.
These Terms will be governed by and construed in accordance with the laws of the jurisdiction from which Products are shipped to Customer (unless NorthWestPharmacy.com elects otherwise in its sole discretion), without giving effect to any principles of conflicts of laws. All disputes, controversies or claims arising out of or in connection with these Terms shall be submitted to and subject to the jurisdiction of the courts in the jurisdiction from which Products are shipped to Customer (unless NorthWestPharmacy.com elects otherwise in its sole discretion). The parties submit and attorn to the exclusive jurisdiction of said courts to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with these Terms.
Privacy Policy.
By submitting an order for products and services from NorthWestPharmacy.com, the Customer consents to the collection and use of personal information as described in our privacy policy published on the NorthWestPharmacy.com web site. NorthWestPharmacy.com reserves the right to amend its privacy policy from time to time by posting the updated policy on its web site. Customer agrees to review the privacy policy each time Customer submits an order for products or services.
Orders; Prices; Payment Terms; Interest.
Orders are not binding upon NorthWestPharmacy.com until accepted by NorthWestPharmacy.com in writing, which shall not occur until after all items in the order have been shipped. The prices for the Products shall be as set forth in NorthWestPharmacy.com's website at the time of acceptance of an order by NorthWestPharmacy.com. Prices for Products shall be subject to change without any further notice. Credit terms are within NorthWestPharmacy.com's sole discretion, and unless otherwise specified in NorthWestPharmacy.com's invoice, payment must be received by NorthWestPharmacy.com prior to NorthWestPharmacy.com's acceptance of an order. Payment for the Products will be made by a personal check. The Customer will be charged $25 USD for electronic or physical checks that are returned as NSF. If credit terms have been agreed to by NorthWestPharmacy.com, invoices are due and payable within thirty days of the date of the invoice. Customer agrees to pay interest on all amounts past due at a rate of 20 per cent per annum.
Lowest Price Guarantee.
NorthWestPharmacy.com will beat the total shopping cart price, inclusive of shipping, offered online by a CIPA approved competitor international or Canadian pharmacy website. Shipping methods must be the same when making the comparison. Competitor promotions, specials, US, New Zealand and Australian dispensed products, OTC, Rx veterinary products and CombiPatch are excluded. Competitor price quotes must be provided and valid at time of placing order to be eligible. Competitor must have product in stock at their affiliated pharmacy. Notwithstanding anything to the contrary on our website, our Lowest Price Guarantee may not be exercised for certain products at our discretion, effective immediately and until further notice, due to shortages of various pharmaceutical products internationally caused by the pandemic, supply chain impacts and various other factors. You will be informed whether the product(s) you wish to exercise the Lowest Price Guarantee on are subject to this temporary exemption when you call our call center to request we beat a competitor price but please note that most products will not fall within this exemption. While the lowest price has always been a top priority to us, we are currently working around the clock to secure drug supplies which may require us to pay more than normal market rates for certain products and this access is critical to our patient base. Accordingly, we have suspended the Lowest Price Guarantee on a case-by-case basis until the wholesale market prices of certain in-demand pharmaceuticals stabilize. At this time, we have to choose patient access over the lowest price for some products. We appreciate your understanding.
Shipping Charges; Taxes.
Separate charges for shipping and handling will be shown on an invoice(s). If applicable, Customer is responsible for goods and services tax, sales and any other taxes associated with the order. If applicable, a separate charge for taxes will be shown on the invoice.
Title.
Title to Products passes to Customer at the time the Products leave NorthWestPharmacy.com's affiliated pharmacy or international fulfillment center. Ship dates are estimates only. NorthWestPharmacy.com is not responsible for delays in shipment or failure to ship by the estimated ship date.
Warranties.
THE MANUFACTURER OF EACH PRODUCT IS SOLELY RESPONSIBLE FOR ANY WARRANTY ASSOCIATED WITH A PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NORTHWESTPHARMACY.COM DISCLAIMS ANY 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. NORTHWESTPHARMACY.COM'S RESPONSIBILITY FOR CLAIMS IN RESPECT OF THE PRODUCTS IS LIMITED TO REPLACEMENT OF THE PRODUCT.
Return Policy.
Unopened Products up to a $500 value may be returned for a full refund when mailed by a national postal service within 14 days of receipt of the Products. Opened products up to a $500 value may be returned for an account credit worth 50% of the value of the Products when mailed by a national postal service within 14 days of receipt of the Products. Original shipping fee and return mailing cost is not refundable or credited under this policy. Refund or credit will be granted only upon receipt of the returned Products to the appropriate address specified by NorthWestPharmacy.com. Orders for special order items are not refundable or credited under this policy.
Exchanges.
From time to time, NorthWestPharmacy.com may, in its sole discretion, exchange or replace a Product, in the event of damage or defect to the Product. Any exchanges will be made in accordance with NorthWestPharmacy.com's exchange policies in effect on the date of the exchange.
Products.
NorthWestPharmacy.com may discontinue or vary the Products it displays on its website or arranges the supply of at any time without prior notice.
Limitation of Liability.
NORTHWESTPHARMACY.COM DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR DELAYS EXPERIENCED IN CUSTOMERS RECEIVING PRODUCTS THAT HAVE BEEN PURCHASED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NORTHWESTPHARMACY.COM WILL NOT BE LIABLE FOR DAMAGES ARISING FROM PERSONAL INJURY OR DEATH, LOST PROFITS, LOSS OF BUSINESS OR OTHER LOSS OR DAMAGE RELATING IN ANY WAY TO PRODUCTS OR SERVICES, WHETHER DIRECT OR CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSES OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, OR DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT INCLUDING, WITHOUT LIMITATION, FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM.
Exports And Imports
The Customer acknowledges that the Products sold hereunder are subject to applicable export and import control laws and regulations.
Entire Agreement.
Customer agrees that these Terms and any document incorporated by reference or referred to herein constitute the entire agreement between Customer and NorthWestPharmacy.com pertaining to the subject matter of these Terms, 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 Customer and NorthWestPharmacy.com. In the event of a conflict between these Terms and any of the documents incorporated by reference or referred to herein, these Terms shall govern.
Severability.
The invalidity or unenforceability of any provision of these terms and conditions 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 and no construction or inference shall be derived therefrom.
Force Majeure.
NorthWestPharmacy.com 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, and lost shipments. NorthWestPharmacy.com shall not be responsible for notifying the Customer in the event of such delays. Customer shall be solely responsible for alternate arrangements to acquire alternate Products and any costs incurred in connection with such purchases.
