Terms and conditions

Introduction

 

The following terms and conditions (the "Terms") govern the products and services (the "Products") offered through Medimart Ltd. and UDS Health, doing business as UniversalDrugstore.com (collectively “Universal Drugstore”) to you (the "Customer"). By placing an order for Products, Customer agrees to be bound by and accepts these Terms, as well as Universal Drugstore’s Patient Authorization Agreement that can be found at www.universaldrugstore.com/patient-agreement.

1. 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 Universal Drugstore 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 Universal Drugstore 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.

2. Prior Notice

   Universal Drugstore may change these Terms at any time without prior notice.

3. Privacy Policy

   By submitting an order for products and services from Universal Drugstore, the Customer consents to the collection and use of personal information as described in our privacy policy as published on the Universal Drugstore web site at www.universaldrugstore.com/privacy-policy. Universal Drugstore 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.

4. Orders, Prices, and Payment Terms

   Orders are not binding upon Universal Drugstore until accepted by Universal Drugstore in writing, which shall occur when the order is transferred to the affiliated pharmacy or fulfillment center for the purpose of shipping the Product. The prices for the Products shall be as set forth on Universal Drugstore's website at the time of acceptance of an order by Universal Drugstore. Payment must be received by Universal Drugstore prior to Universal Drugstore's acceptance of an order. Universal Drugstore reserves the right to charge $25 USD for electronic or physical checks that are returned as NSF. Prices for Products are subject to change without notice.

5. Lowest Price Guarantee

   Universal Drugstore guarantees the lowest price on our prescription products. We will match the total shopping cart price, including any shipping charges, offered by an approved competitor website as follows:

   • The competitor website must be an approved member of the Canadian International Pharmacy Association (CIPA).
   • The lowest price guarantee is only valid at the time of sale and for the current advertised competitor price.
   • The competitor product must be in stock and identical in terms of manufacturer, source country, pack size, strength, and quantity.
   • Shipping methods must be the same when making the comparison.
   • Competitor promotions, specials, and over-the-counter products are excluded.
   • Price matches will only be issued over the phone by our customer service agents.
   • Notwithstanding anything to the contrary on our website, our lowest price guarantee may not be exercised for certain products at our discretion.

6. Shipping Charges and Taxes

   Separate charges for shipping and handling will be shown on a Universal Drugstore invoice. Customer is responsible for goods and services tax, sales tax, and any other taxes or duties associated with the order. If applicable, a separate charge for taxes will be shown on the invoice.

7. Title

   Title to Products passes to Customer at the time the Products leave Universal Drugstore's affiliated pharmacy or international fulfillment center. Ship dates are estimates only. Universal Drugstore is not responsible for delays in shipment or failure to ship by the estimated ship date.

8. Shipping Guarantee

   Universal Drugstore offers a 42-day shipping guarantee. If Customer does not receive their shipment within 42 days of the date of shipping, we will send a replacement shipment. Universal Drugstore reserves the right to amend the terms of this shipping guarantee without notice.

9. Cancellation, Exchange, Refund, and Return Policies

   • Universal Drugstore reserves the right to not allow order cancellations once the order has been accepted by Universal Drugstore.
   • Universal Drugstore may, in its sole discretion, exchange or replace a Product in the event that Product is damaged during shipping.
   • Unopened Products up to a $500 value may be returned for a full refund when mailed by a national postal service within 30 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 30 days of receipt of the Products.
   • Refund or credit will be granted only upon receipt of the returned Products to the appropriate address specified by Universal Drugstore.
   • Original shipping fee, if applicable, and return mailing cost is not refundable or credited under this policy.
   • Orders for special order items are not refundable or credited under this policy.

10. Warranties.

    THE MANUFACTURER OF EACH PRODUCT IS SOLELY RESPONSIBLE FOR ANY WARRANTY ASSOCIATED WITH A PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNIVERSAL DRUGSTORE 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. UNIVERSAL DRUGSTORE'S RESPONSIBILITY FOR CLAIMS IN RESPECT OF THE PRODUCTS IS LIMITED TO REPLACEMENT OF THE PRODUCT.

11. Products.

    Universal Drugstore may discontinue or vary the Products it displays on its website or arranges the supply of at any time without prior notice.

12. Limitation of Liability.

    UNIVERSAL DRUGSTORE 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, UNIVERSAL DRUGSTORE 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.

13. Exports and Imports

    The Customer acknowledges that the Products sold hereunder are subject to applicable export and import control laws and regulations.

14. Entire Agreement.

    Customer agrees that these Terms and any document incorporated by reference or referred to herein constitute the entire agreement between Customer and Universal Drugstore 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 Universal Drugstore. 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.

15. 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.

16. 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.

17. Force Majeure.

    Universal Drugstore 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. Universal Drugstore 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.