Terms of Sale
KamaHealth operates as an online marketplace and advertising platform where licensed pharmacies carry on business and display their products and services to the public. The following terms and conditions (the "Terms of Sale") govern all sales of products and services (the "Products") offered by a participating pharmacy (the "Pharmacy") to you (the "Customer") on the KamaHealth platform. 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.
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. Pharmacy will not accept any Order unless Customer delivers an original prescription issued by the Customer’s own prescribing physician to the Pharmacy or unless the Pharmacy receives the original prescription from the Customer’s prescribing physician by facsimile.
3. Orders; Prices; Payment Terms; Interest. Orders are not binding upon Pharmacy until accepted in writing. The prices for the Products shall be as specified by the Pharmacy and as set forth on the KamaHealth website as at the time of acceptance of an order. Prices for Products shall be subject to change without further notice. Credit terms are at the discretion and as specified by the Pharmacy, and unless otherwise specified in writing, payment must be received prior to acceptance of an order. If credit terms have been agreed to by Pharmacy, 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.
4. Shipping Charges; Taxes. In some cases, KamaHealth 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 KamaHealth's invoice.
5. 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, KamaHealth will arrange with the Pharmacy to replace the delayed shipment, and the Pharmacy will re-deliver and re-ship the product to the Customer. KamaHealth is not liable for any damage to the Customer due to delay in shipment or failure of the product to arrive within 28 days.
6. Warranties. THE MANUFACTURER OF EACH PRODUCT IS SOLELY RESPONSIBLE FOR ANY WARRANTY ASSOCIATED WITH A PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KamaHealth 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.
8. Return Policy. Please refer to the returns policy for complete details. KamaHealth 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.
9. Recall Policy. We offer a Recall Policy. Please refer to the Recall Policy for complete details. KamaHealth 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.
10. Products and Services. KamaHealth may revise and discontinue the Products and Services displayed on the website at any time without prior notice.
11. 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 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 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.
12. 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.
13. 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.
14. Force Majeure. KamaHealth 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, border closures, riots, pandemics and public emergencies. KamaHealth 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.
15. Governing Law. The Customer understands that KamaHealth is a registered British Columbia corporation. All disputes with KamaHealth with respect to the operation of the online marketplace and advertising platform shall be resolved by reference to British Columbia law, and the Customer attorns to the Courts of British Columbia for the resolution of any disputes.
16. Knowledge and Consent. By placing an order with KamaHealth, 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 KamaHealth'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: Feb 29, 2020