Updated 25 October 2019
Sunshine Pharmacy, which includes its employees, officers, directors, affiliates, representatives, agents, contractors and sub-contractors (collectively, “Sunshine Pharmacy”) is a pharmacy based in Winnipeg, Manitoba, Canada, that specializes in assisting patients obtain high quality, affordable prescription and non-prescription medications and services (collectively, the “Products”). Since you are not located in the same area as Sunshine Pharmacy, it is necessary for you to authorize Sunshine Pharmacy and to act as your authorized agent and attorney so that you may obtain the Products. The following terms and conditions (collectively, the “Terms of Sale”) govern the services provided by Sunshine Pharmacy and you (the “Customer” or “You”) in relation to obtaining the Products offered for sale by Sunshine Pharmacy. By accepting delivery of the Products described on a purchase order (an “Order”), the Customer agrees to be bound by and accepts these Terms of Sale.
THESE TERMS OF SALE APPLY TO ALL TRANSACTIONS, BOTH CURRENT AND FUTURE, INVOLVING THE SERVICES PROVIDED BY SUNSHINE PHARMACY AND THE PURCHASE OF PRODUCTS FROM SUNSHINE PHARMACY. IF YOU DO NOT AGREE TO THESE TERMS OF SALE, SUNSHINE PHARMACY, AS YOUR AUTHORIZED AGENT, WILL NOT BE ABLE TO FACILITATE YOUR PURCHASE OF PRODUCTS FROM THE PHARMACY. IF YOU HAVE RECEIVED PRODUCTS WITH THESE TERMS OF SALE, AND YOU DO NOT AGREE TO BE BOUND BY THEM, YOU MUST RETURN THE PRODUCTS WITHIN 30 DAYS BY CONTACTING SUNSHINE PHARMACY AT THE CONTACT NUMBER AVAILABLE ON ITS WEBSITE AT www.spfPharmacy.com (the “Website“).
1. About You
By placing an order with Sunshine Pharmacy, You acknowledge that You are of the age of majority in the jurisdiction where you reside, are of sound mind, and are fully competent to make your own decisions. You also agree to be bound by these Terms of Sale with full knowledge and without undue influence or duress. You acknowledge that these Terms of Sale are readily accessible on the Website and that You have been provided with the opportunity to obtain independent legal advice with respect to these Terms of Sale.
2. Personal Examination
You understand that it is your responsibility to have your prescribing physician (“Your Own Physician”) conduct regular physical examinations, including any and all suggested testing, to ensure that You have no medical problems which would constitute a contraindication to You taking the Product. You certify that You have had a physical examination by Your Own Physician within the last twelve (12) months from the date of accepting delivery of the Products described in the Order.
3. Power of Attorney
You appoint Sunshine Pharmacy , as required, to act as your agent and power of attorney in order to take all steps that deemed necessary to have the Product dispensed by Sunshine Pharmacy, to the same extent that You could do if You were personally present at Sunshine Pharmacy, including: (a) collecting personal health information; (b) disclosing that information to and having a licensed physician (the “Secondary Physician”) perform an independent medical review of your personal health information and the prescription issued by Your Own Physician in order to obtain a valid prescription for the Product, if required; (c) packaging the Product; and (d) arranging for an agent such as a courier or mail delivery service to deliver the Product to You. You hereby waive any requirement of the Secondary Physician to conduct a physical examination of You prior to issuing a valid prescription for the Product, if required. This authorization may be revoked at any time and shall continue until such revocation has been provided by You to Sunshine Pharmacy, in writing.
4. Parent/Legal Guardian
In the event that You have placed the Order for a child under the age of majority or a dependent, You hereby confirm that You are the parent, legal guardian and/or have power of attorney for the child under the age of majority or dependent, with full authority to agree to these Terms of Sale on their behalf.
5. Prescription Required
You acknowledge that Sunshine Pharmacy will not accept any Order unless You deliver a valid original prescription issued by Your Own Physician based upon a personal consultation and examination, as referenced in paragraph 2 above.
Delivery of the Products ordered from Sunshine Pharmacy takes place when the Products leave the Pharmacy. As your authorized agent and power of attorney, Sunshine Pharmacy will arrange for the shipping of the Products to your home address. Shipments take an average of two (2) to four (4) weeks to arrive. In the event that shipment of the Products is delayed, the Pharmacy will arrange for a replacement order to be sent to You at no additional cost. We pride ourselves in the quality of our service and will work hard to ensure that You receive the Products as soon as possible. Sunshine Pharmacy is not liable for any damages suffered due to delay in shipment or failure of the Products to arrive within a specified number of days.
7. International Products
Not all Products offered for sale by the Pharmacy are United States Food & Drug Administration (“FDA“) approved. Please note that the FDA has taken the position that virtually all shipments of Products imported from Sunshine Pharmacy by a United States resident such as You will violate United States law. By placing an Order for Products and/or services under these Terms of Sale, You acknowledge that You are aware of the FDA’s position and that You may be contacted by the FDA regarding the importation of the Product by You from the Pharmacy.
8. Payment Terms
The price(s) for the Products shall be as specified by Sunshine Pharmacy and as set forth at the time of acceptance of the Order. Prices may be subject to change without notice. Any Order placed by You is not binding on Sunshine Pharmacy until accepted, in writing. Credit terms are at the discretion and as specified by Sunshine Pharmacy. Payment for the Order placed by You may be made by any form of credit or payment accepted by Sunshine Pharmacy.
9. Shipping Charges; Taxes
Charges for shipping and handling will be shown on the invoice issued to You. You are responsible for all service taxes, sales and other taxes associated with the Order and as required by Sunshine Pharmacy. If applicable, separate charges for taxes will be shown on the invoice issued to You.
THE MANUFACTURERS OF THE PRODUCTS ARE SOLELY RESPONSIBLE FOR ANY WARRANTY ASSOCIATED WITH THE PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUNSHINE PHARMACY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE TERMS & CONDITIONS, 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 PRODUCTS.
11. Return Policy
Sunshine Pharmacy does not accept return of Products for any credit unless the Products were dispensed in error, contrary to the valid prescription, or delivered to the wrong address provided by You at the time of placing the Order. Please visit the Website to view the current return policy for Products.
13. Force Majeure
Sunshine Pharmacy shall not be liable for any delay or failure in performance caused by circumstances beyond their reasonable control including, without limitation, delays due to back orders of requested Products, mail delays, customs delays and lost shipments. Although Sunshine Pharmacy will make reasonable efforts to maintain good client relations, Sunshine Pharmacy are not responsible to notify You in the event of any delay. You shall be solely responsible to make such arrangements or to purchase alternative Products in the event of any such delay. Any such costs incurred in association with such purchases shall be solely borne by You.
14. Governing Law
Title to the products passes to You when they leave Sunshine Pharmacy. Any and all agreements reached or contracts formed and transactions undertaken with or involving Sunshine Pharmacy are and shall be deemed to be made in the jurisdiction of Sunshine Pharmacy and shall be governed by the laws of the jurisdiction of Sunshine Pharmacy The laws of that jurisdiction shall have sole and exclusive jurisdiction over any dispute arising between You, and Sunshine Pharmacy under these Terms of Sale.