Terms of Sale
GSW Customer Care Inc. (PolarBearMeds.com™) is the marketing division of the PolarBearMeds.com Group of Companies. Headquartered in Winnipeg, Manitoba, Canada, PolarBearMeds.com™ is not engaged in conducting sales, but rather engages in the business of facilitating sales transactions on behalf of authorized pharmacies both within Canada and internationally. The following terms and conditions (the “Terms of Sale”) related to the services and sales as between the PolarBearMeds.com™ 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.
THESE TERMS & CONDITIONS APPLY TO ALL TRANSACTIONS, BOTH CURRENT AND FUTURE, INVOLVING THE PURCHASE OF PRODUCTS FROM THE PHARMACY. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, GSW, AS YOUR AUTHORIZED AGENT, WILL NOT BE ABLE TO FACILITATE YOUR PURCHASE OF PRODUCTS. IF YOU HAVE RECEIVED PRODUCTS WITH THESE TERMS & CONDITIONS, AND YOU DO NOT AGREE TO BE BOUND BY THEM, YOU MUST RETURN THE PRODUCTS WITHIN 30 DAYS BY CONTACTING GSW AT THE CONTACT NUMBER AVAILABLE ON ITS WEBSITE AT www.PolarBearMeds.com (the “Website“).
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. PolarBearMeds.com™ will not accept any Order unless the customer delivers the Prescribing Practitioner’s original prescription to PolarBearMeds.com™ or unless PolarBearMeds.com™ 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 to 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 PolarBearMeds.com™; 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 such information to PolarBearMeds.com™, 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 be continued until the Customer revokes it.
4. Orders; Prices; Payment Terms; Interest. PolarBearMeds.com™ may act on behalf of the Pharmacy to collect order information and/or payment. Orders are not binding upon PolarBearMeds.com™ until accepted in writing. The prices for the Products shall be as specified by the Pharmacy and as set forth in PolarBearMeds.com™’s website as at the time of acceptance of an order by PolarBearMeds.com™. 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 PolarBearMeds.com™, and unless otherwise specified in writing, payment must be received by PolarBearMeds.com™ prior to acceptance of an order. Payment for the Order may be made by a credit card accepted by PolarBearMeds.com™, wire transfer, bank draft, personal cheque or money order. If credit terms have been agreed to by PolarBearMeds.com™, 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, PolarBearMeds.com™ 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 PolarBearMeds.com™’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 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, PolarBearMeds.com™ will arrange with the Pharmacy to replace the delayed shipment, and the Pharmacy will re-deliver and re-ship the product to the Customer. PolarBearMeds.com™ 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, CANADADRUGS.COM 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.
9. Return & Refund Policy. PolarBearMeds.com™ and GSM Pharmacy do not accept return of Products for any credit unless the Products were dispensed in error contrary to the prescription or a delivery error occurred . PolarBearMeds.com™ reserves the right to amend its Return Policy from time to time by posting the updated policy on its website. The Customer agrees to review the Return Policy each time it submits an Order.
10. Recall Policy. We offer a Recall Policy. Please refer to the Recall Policy. for complete details. PolarBearMeds.com™ 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. PolarBearMeds.com™ 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 the PolarBearMeds.com™’s services shown on the website are available in all provinces in Canada or in jurisdictions outside of Canada. 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 product or services, the Customer represents to PolarBearMeds.com™ 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, PolarBearMeds.com™ and the Pharmacy pertaining to the subject-matter of these Terms of Sale, and supersedes, terminates and otherwise renders null and void any and all prior agreements, understandings, negotiations, contracts, proposals or requests for proposals, whether written or oral, between the Customer, PolarBearMeds.com™ 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. PolarBearMeds.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 backorders of requested products, mail delays, customs delays, lost shipments. PolarBearMeds.com™ shall not be responsible to notify the Customer in the event of such delays. The Customer shall be solely responsible to make other arrangements to purchase alternative products and any costs incurred in connection with such purchases.
17. Governing Law. The Customer understands that PolarBearMeds.com™ is a Canadian business registered in the Province of Manitoba and that the Customer is purchasing medications that have been approved for sale in the jurisdiction of the Pharmacy. Title to the Customer’s medications passes from the Pharmacy to the Customer when the Customer’s medications leave the Pharmacy. All agreements reached or contracts formed with the Pharmacy shall be deemed to have been made in the jurisdiction where the sale takes place and the laws of that jurisdiction shall have sole and exclusive jurisdiction over any dispute arising between the Customer and the Pharmacy. All disputes with PolarBearMeds.com™ shall be resolved by reference to Manitoba laws.
18. Knowledge and Consent. By placing an order with PolarBearMeds.com™, the Customer has read and understands the terms and conditions as set out herein. 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 PolarBearMeds.com™’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.
Last updated: December 3, 2012