Terms of Sale
The following terms and conditions (the "Terms of Sale") related to the services and sales as between the Elipulse.com and you (the "Customer") of the products and services (the "Products") offered for sale by the online store. By accepting delivery of the Products described on a purchase order (an "Order"), the Customer agrees to be bound by and accepts the Terms of Sale.
1. Personal Examination. The Customer has personally attended, has had a physical examination by (the "A Practitioner") within the last 12 months and does not require an additional physical examination.
2. Orders; Prices; Payment Terms; Interest. Elipulse.com may act on behalf of the Store to collect order information and/or payment. Orders are not binding upon Elipulse.com until accepted in writing. The prices for the Products shall be as specified by the Store and as set forth in Elipulse.com's website as at the time of acceptance of an order by Elipulse.com. Prices for Products shall be subject to change without further notice. Credit terms are at the discretion and as specified by the Store and implemented by Elipulse.com, and unless otherwise specified in writing, payment must be received by Elipulse.com prior to acceptance of an order. Payment for the Order may be made by a credit card accepted by Elipulse.com, wire transfer, bank draft, personal cheque or money order. If credit terms have been agreed to by Elipulse.com, 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.
3. Shipping Charges; Taxes. In some cases, Elipulse.com has been retained to prepare and issue invoices on behalf of the Store. 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 Elipulse.com's invoice.
4. Shipping. Delivery of the Product to the Customer takes place when the product leaves the Store. After delivery, the Store 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, Elipulse.com will arrange with the Store to replace the delayed shipment, and the Store will re-deliver and re-ship the product to the Customer at no additional cost. Elipulse.com is not liable for any damage to the Customer due to delay in shipment or failure of the product to arrive within 28 days.5. Warranties.
THE MANUFACTURER OF EACH PRODUCT IS SOLELY RESPONSIBLE FOR ANY WARRANTY ASSOCIATED WITH A PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELIPULSE.COM 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.
6.b. The Customer's information stored within the Wix.com created site will be limited to email address and first and last name. This information will only be used to update the customer on needed information on Elipulse.com or pending orders or to email advertise and not for any other purpose.
6.c. The customer's living address information on the Wix site will be implemented and asked for when the Wix site develops a adequate SSL encryption.
7. Return Policy. Elipulse.com, because of the nature of the product, as an consumable product (food item) does not support returns. Please contact customer support to appeal to exceptions to this rule. A return will not be made unless extenuating circumstances.
8. Recall Policy. We offer a Recall Policy. Elipulse.com 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. Recall Policy: for products that have issue with design, sanitation, safety, effectiveness, misleading label, or wholeness, Elipulse.com will issue a recall where customers will be notified by mail, email, or telephone and a full refund will be refunded to the customer. The recall is executed by employees of Elipulse.com who have evaluated the product or have received customer tips and not by customers themselves.
9. Products and Services. Elipulse.com may revise and discontinue the Products and Services displayed on the website at any time without prior notice.
10. Exports. It is important to note that not all of the Elipulse.com's services shown on the website are available in all provinces in Canada or in jurisdictions outside of Canada. By placing an Order for product or services, the Customer represents to Elipulse.com and the Store that sale, delivery and shipment of the Products will not violate any import, export or other law or regulation in the Customer's home jurisdiction. If the product is exported to the United States, the statement “these statements have not been evaluated by the FDA. This product is not intended to diagnose, treat, cure or prevent any disease” is applied.
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, Elipulse.com and the Store 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, Elipulse.com and the Store. 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. Elipulse.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 backorders of requested products, mail delays, customs delays, lost shipments. Elipulse.com 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 Elipulse.com is a Canadian business registered in the Province of Manitoba and that the Customer is purchasing medications that have been approved for sale in the jurisdiction of the Store. Title to the Customer's medications passes from the Store to the Customer when the Customer's medications leave the Store. All agreements reached or contracts formed with the Store shall be deemed to have been made in the jurisdiction where the sale takes place and the laws of that jurisdiction shall have sole and exclusive jurisdiction over any dispute arising between the Customer and the Store. All disputes with Elipulse.com shall be resolved by reference to Manitoba laws.
16. Knowledge and Consent. By placing an order with Elipulse.com, 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 Elipulse.com'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: December 3, 2012
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