Terms of Sales

Terms of Sale

Over the Border Meds (overthebordermeds.com™) facilitates sales transactions on behalf of licensed pharmacies across Canada and internationally. These Terms of Sale outline the conditions of sale between Over the Border Meds, the authorized Pharmacy (“Pharmacy”), and you, the Customer (“Customer”), for the products and services (“Products”) provided. By accepting the Products listed on a purchase order (“Order”), you agree to these Terms of Sale.

APPLICABILITY

THESE TERMS & CONDITIONS APPLY TO ALL TRANSACTIONS, CURRENT AND FUTURE, INVOLVING PRODUCT PURCHASES FROM THE PHARMACY. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, OVER THE BORDER MEDS CANNOT FACILITATE YOUR PURCHASE. IF YOU HAVE RECEIVED PRODUCTS UNDER THESE TERMS & CONDITIONS AND DO NOT AGREE, YOU MUST RETURN THEM WITHIN 30 DAYS BY CONTACTING OVER THE BORDER MEDS AT THE CONTACT NUMBER LISTED ON OUR WEBSITE (www.overthebordermeds.com) (“Website”).

Personal Examination
The Customer has had a physical exam and received a prescription from a licensed practitioner (“Prescribing Practitioner”) within the last 12 months and does not require a further exam.

Original Prescription Requirement
Over the Border Meds requires an original prescription for any Order, which must be delivered by the Customer or directly faxed by the Prescribing Practitioner.

Power of Attorney
The Customer authorizes the Pharmacy to act as their agent for (a) obtaining a legally valid prescription, and (b) arranging for packaging and delivery of prescriptions. This includes the collection and sharing of personal health information necessary for dispensing medications. The Customer can revoke this authorization at any time.

Orders, Pricing, and Payment
Over the Border Meds may collect order information and payments on behalf of the Pharmacy. Orders are only binding upon written acceptance. Product prices are determined by the Pharmacy and listed on Over the Border Meds’ website at the time of order acceptance. Prices are subject to change. Payment must be received prior to order acceptance unless credit terms are agreed upon, in which case payment is due within 30 days of the invoice date, and past-due balances accrue interest at 18% per annum.

Shipping, Charges, and Taxes
Shipping and handling charges will be listed separately on invoices, and the Customer is responsible for all applicable sales, service, and other taxes.

Delivery
The Pharmacy arranges product shipment to the Customer’s home address, typically within 14-21 days. If delivery is delayed beyond 28 days, Over the Border Meds will coordinate with the Pharmacy to replace the delayed shipment. Over the Border Meds is not liable for delays exceeding 28 days.

Product Warranties
Any warranty associated with a Product is solely provided by the Product’s manufacturer. Over the Border Meds disclaims all implied warranties and conditions, including those of merchantability and fitness for a particular purpose, limiting its liability to product replacement.

Limitation of Liability
To the fullest extent permitted by law, Over the Border Meds shall not be liable for any indirect, special, incidental, or consequential damages (including, but not limited to, loss of data or profit) arising out of the use, or inability to use, the Products or the website, even if Over the Border Meds has been advised of the possibility of such damages.

Modification of Terms
Over the Border Meds reserves the right to update or modify these Terms of Sale at any time without prior notice. Any changes will be posted on the Website, and it is the Customer’s responsibility to review these Terms periodically. Continued use of the Website or placing Orders constitutes acceptance of the modified Terms.

Compliance with Local Laws
The Customer is solely responsible for complying with all local laws and regulations applicable to the purchase, import, and use of the Products in their jurisdiction.

Intellectual Property
All content on the Website, including text, graphics, logos, images, and software, is the property of Over the Border Meds and is protected by copyright, trademark, and other intellectual property laws. Unauthorized use of any content on the Website is prohibited.

Indemnification
The Customer agrees to indemnify, defend, and hold harmless Over the Border Meds, its affiliates, and its Pharmacy partners from any claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or in connection with any breach of these Terms or improper use of the Products or Website by the Customer.

Customer Service and Support
For assistance with Orders or inquiries regarding these Terms of Sale, customers may contact Over the Border Meds via the contact information provided on the Website. Support is available to address questions related to Orders, Products, or policy information.

Return & Refund Policy
Returns are only accepted if Products were dispensed in error or there was a delivery error. Over the Border Meds reserves the right to amend its Return Policy, and the Customer agrees to review it prior to placing each Order.

Recall Policy
For details, refer to the Recall Policy. Over the Border Meds may update the Recall Policy periodically, and the Customer should review it with each Order.

Product Availability
Over the Border Meds may update or discontinue Products or Services on the Website without prior notice.

Export Restrictions
Certain services may not be available in specific provinces in Canada or outside Canada. The FDA maintains that many prescription imports into the U.S. may violate U.S. law. By ordering, the Customer confirms compliance with all import/export laws in their jurisdiction.

Entire Agreement
These Terms of Sale, along with any referenced documents, constitute the entire agreement between the Customer, Over the Border Meds, and the Pharmacy regarding the sale of Products, overriding all previous agreements. In case of a conflict, these Terms of Sale take precedence.

Severability
Invalid or unenforceable provisions do not affect the validity of remaining provisions, which remain enforceable.

Headings
Section headings are for reference only and do not influence the interpretation of these Terms.

Force Majeure
Over the Border Meds is not liable for delays or non-performance due to uncontrollable events such as customs or postal delays. Customers are solely responsible for securing alternative arrangements in such cases.

Governing Law
All transactions with Over the Border Meds are governed by the laws of Manitoba, where Over the Border Meds is based. Any disputes involving Over the Border Meds will be governed by Manitoba laws.

Customer Consent
By placing an Order, the Customer acknowledges and agrees to these Terms of Sale without coercion. The Customer has access to these Terms on a 24-hour basis via the Website and may request a hard copy at any time. Customers are encouraged to seek independent legal advice on these Terms.

Last Updated: October 27, 2024