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Your terms and conditions of sale


PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

 

This Agreement contains the terms and conditions that apply to your purchase from the VitaShop.ca entity named on the invoice ("vitaShop.ca") that will be provided to you ("Customer") on orders for products sold in the Canada. By accepting delivery of the products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH VITASHOP.CA., IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER VITASHOP.CA. STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in vitaShop.ca's sole discretion.

1. Other Documents.

These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is 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 VitaShop.ca

2. Governing Law.

THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE ONTARIO, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.

3. Payment Terms; Orders; Quotes; Interest.

Terms of payment are within VitaShop.ca's sole discretion, and unless otherwise agreed to by VitaShop.ca, payment must be received by VitaShop.ca prior to VitaShop.ca's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by VitaShop.ca. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. VitaShop.ca may invoice parts of an order separately. Orders are not binding upon VitaShop.ca until accepted by VitaShop.ca. Any quotations given by VitaShop.ca will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.

4. Shipping Charges; Taxes.

Separate charges for shipping and handling will be shown on VitaShop.ca's invoice(s). Unless Customer provides VitaShop.ca with a valid and correct tax exemption certificate applicable to the product ship-to location prior to VitaShop.ca's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order.

5. Title; Risk of Loss.

Title to products passes from VitaShop.ca to Customer on shipment from VitaShop.ca's facility. Loss or damage that occurs during shipping by a carrier selected by VitaShop.ca is VitaShop.ca's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).

6. Warranties, Disclaimers.

VITASHOP.CA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF' MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In addition to these Terms and Conditions, customer agrees to be bound by the acceptance of contract terms contained elsewhere in this site.

7. Products.

VitaShop.ca's policy is one of on-going product update and revision. VitaShop.ca may revise and discontinue products at any time. VitaShop.ca reserves the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.

8. Limitation of Liability.

VITASHOP.CA DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY REASON. VITASHOP.CA WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.

9. Applicable Law; Not For Resale.

Customer agrees to comply with all applicable laws and regulations of the various states and of Canada. Customer agrees and represents that it is buying for its own internal use only, and not for resale. 

10. Headings.

The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

11. Acceptance.

By ordering any product from VitaShop.ca, whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of Sale, as well as the "Acceptance of Contract Terms" contained elsewhere in the VitaShop.ca site.

 


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