Terms of Sale
The terms and conditions (Terms of Sale) described below related to the sales and services as between you (the “customer”) and the SunDrugstore.com authorized Pharmacy (the “pharmacy”) of the services and products (the “Products”) the Pharmacy offers for sale. The customer is understood to accept the Terms of Sale and agrees to be bound by them by accepting the delivery of the Products mentioned on a purchase order (an “order”).
Personal Examination of Patient: The customer need not be physically examined again since he/she has had a physical examination by and has obtained a prescription from a duly licensed practitioner (the “prescribing practitioner”) by personally attending the check-up.
Original Prescription Asked: Order will not be accepted unless the customer delivers the original prescription by the Prescribing Practitioner to the Site or unless SunDrugstore.com receives the facsimile of the original prescription from the Prescribing Practitioner.
Payment Terms/Orders/ Prices/Interest: The customer will pay the prices for the products as specified by the Pharmacy and as set forth on the website of SunDrugstore.com at the time of placing his/her order. The changes in the prices may occur without further notice. If the Customer can make the payment for the order via personal cheque, bank draft, money order, wire transfer or credit card. All the invoices are due and payable within 30 days post the date of the invoice. After that, the customer agrees to pay an interest at a rate of 18 % per annum on all amounts.
Shipping: As the product leaves the Pharmacy, the delivery of the Product to the Customer takes place. The Pharmacy acting as attorney and agent for the customer arranges for shipping of the product to the home address of the Customer. SunDrugstore.com will arrange to replace the delayed shipment after 28 days if it extends beyond the average time period of 14-21 days to arrive upon notice from the Customer. The Pharmacy will not charge any additional cost to re-deliver and re-ship the product to the customer. If the product fails to arrive within 28 days or if the product is damaged due to delay in shipment, SunDrugstore.com is not responsible or liable.
Shipping Charges/Taxes: In the cases where SunDrugstore.com has been retained to prepare and issue invoices on behalf of the Pharmacy, the Customer will receive an invoice with separate charges for shipping and handling mentioned on it. As required by the jurisdiction of the sale, service, sales and all other taxes associated with the Order, however designated, are responsibility of the Customer.
Power of Attorney: It is the customer who will authorize and appoint the Pharmacy to act as his/her attorney and agent to take all steps and to act on his/her behalf, sign all documents as if he/she was personally present and acting for himself/herself for the purpose that are limited to a) procuring a legally valid prescription for any prescription sent by the Customer to SunDrugstore.com and b) packaging of the prescriptions of the Customer and delivering them to him/her. The matters the customer’s authorization shall include, but not limited to, are collection of personal and personal health information and disclosure of such information to SunDrugstore.com, the physician, any other health professional that the Customer retains on his/her behalf and the Pharmacy, as required. This authorization of the Customer may be revoked at any time; this will continue until the Customer revokes it.
Return Policy: A 90-day hassle-free Return policy is offered by SunDrugstore.com. You can check out the Return Policy for complete details. The Customer agrees to go through the return Policy every time he/she visits the Site and submits an Order since SunDrugstore.com reserves the right of the amendment in its Return Policy from time to time the updated version of which it keeps posting on its website.
Products & Services: The products and services displayed on the website may be revised and discontinued at any time by SunDrugstore.com without any prior notice.
Warranties: The responsibility for any warranty associated with a product solely lies with the manufacturer of each product. SunDrugstore.com disclaims any express or implied warranties and conditions regarding the products and services that these Terms of Sale contemplate, including, without limited to, implied warranties and conditions of fitness and merchantability for a specific intent. The replacement of the product is what is undertaken regarding responsibility for claims with respect to the products.
Exports: The Customer represents to SunDrugstore.com and the Pharmacy when he/she places an order for products or services any law of import and export or other law or regulation that sale, shipment and delivery will not violate in the home jurisdiction of the Customer since not all the services The Customer sees on the website of SunDrugstore.com are available in all provinces of Canada or in jurisdiction outside of Canada and a position has been taken by Food and Drug Administration that a United States customer will violate United States law if he/she indulges in the import of prescription drugs from an international pharmacy; this applies to almost all shipments of prescription drugs.
Recall Policy: SunDrugstore.com offers a recall policy. The Customer can refer to our Recall Policy and he/she agrees to review our Recall Policy every times he/she visits the Site to submit an Order since the Site reserves the right to amend its Recall Policy by posting an updated version of it on the Site as and when required.
Headings: The Customer will not derive any inference or construction from the section headings used herein since these do not form a part of the Terms of Sale and are for convenience of reference only.
Knowledge and Consent: The Customer is understood to read and comprehend all the terms and conditions as set out herein once he/she places an order with SunDrugstore.com. It is an acknowledgement by the Customer that he/she will obtain the Terms of Sale in hard copy format from SunDrugstore.com upon request at any time which are readily accessible on a 24-hour basis on the Site. It is an acknowledgement by the Customer that he/she has had every opportunity to obtain independent legal advice in respect of Terms of Sale and that he/she agrees to the Terms of Sale which he/she does with full knowledge and under no undue influence or duress
Severability: In the event of any of these Terms of Sale turning invalid or unenforceable, the validity or enforceability of any other provision thereof will not be affected and the provision that will turn invalid or unenforceable will be kept in the category of severable.
Governing Law: By placing an Order with SunDrugstore.com, the Customer understands that SunDrugstore.com is a Canadian business that is registered in the Province of Manitoba. The Customer is also believed to understand that he/she is buying those medications that have been approved for sale in the Jurisdiction of the Pharmacy. As the Customer’s medications leave the Pharmacy, title to the medications of the Customer also passes from the Pharmacy to the Customer. In the event of any dispute arising between the Customer and the Pharmacy the laws of that jurisdiction shall have sole and exclusive jurisdiction wherein all contracts formed and agreements reached deemed to have been made and where the sale take place. Manitoba laws will bear the reference to the resolution of all disputes with SunDrugstore.com.
Force Majeure: In the situation of any failure of performance or delay brought upon by circumstances beyond its reasonable control, SunDrugstore.com shall not be responsible or liable. This include, without being limited to, customs delays, mail delays, lost shipments, delays due to backorders of requested products. It is the Customer who shall be solely responsible to make arrangements to purchase alternative products as well as any costs incurred in relation to the purchase of the delayed products. The Site will not be liable to notify the Customer about any such delay of the product ordered by him/her.
Entire Agreement: It is agreed by the Customer that these Terms of Sale and any document referred to herein or incorporated by reference constitute the compete agreement between the SunDrugstore.com, the Pharmacy and the Customer which pertains to the subject-matter of these Terms of sale. The agreement supersedes, terminates and otherwise renders null and void any or all prior negotiations, proposals or request for proposals, contracts, agreements and understandings, whether oral or written, between SunDrugstore.com, the Pharmacy and the Customer. These Terms of Sales Govern in the situation of a conflict between these Terms of Sale and any of the Documents incorporated by reference or referred to herein.