Terms of Sale And Conditions
The following terms and conditions (the "Terms") govern the sale by NorthWestPharmacy.com
to you (the "Customer") of the products and services (the "Products") offered for
sale by NorthWestPharmacy.com. By placing an order for Products, Customer agrees to be bound by and accepts these Terms as well as the
1. 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.
2. 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
By submitting an order for products and services from NorthWestPharmacy.com, the
Customer consents to the collection and use of personal information as described
time Customer submits an order for products or services.
4. 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 credit card accepted by NorthWestPharmacy.com or personal check.
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.
Please note that for credit card payments, the descriptor on your credit card statement
will appear as “NorthWestPharmacy.com”.
5. 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 site. Shipping methods
must be the same when making the comparison. Competitor promotions, specials, US
dispensed 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.
6. Shipping Charges; Taxes.
Separate charges for shipping and handling will be shown on NorthWestPharmacy.com's
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 NorthWestPharmacy.com's invoice.
Title to Products passes from NorthWestPharmacy.com 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.
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.
9. 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 Insulin, special order and cold shipped items are not refundable or credited under this policy.
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.
NorthWestPharmacy.com may discontinue or vary the Products it offers for sale at
any time without prior notice.
12. 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.
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 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.
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.
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.
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 purchase alternate Products and any costs incurred in connection
with such purchases.