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The following terms and conditions (the "Terms of Sale") govern the sale
by TRISTAN INTERNATIONAL CORPORATION, S.A. at Edificio Banco Aliado Calle Ricardo
Arias Piso No. 15 Apartado 6443 Panamá 5, R. de Panamá(carrying on
business as "Retailpharma.com") to you (the "Customer") of the
products and services (the "Products") offered for sale by Retailpharma.com.
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. Retailpharma.com will not accept
any Order unless the customer delivers the Prescribing Practitioner's original prescription
to Retailpharma.com by facsimile or Retailpharma.com receives the original prescription
from the Prescribing Practitioner by facsimile.
3. Orders; Prices; Payment Terms; Interest. Orders are not binding
upon Retailpharma.com until accepted by Retailpharma.com in writing by e-mail confirmation.
The prices for the Products shall be as set forth in Retailpharma.com's website
as at the time of acceptance of an order by Retailpharma.com. Prices for Products
shall be subject to change without any further notice. Credit terms are within Retailpharma.com's
sole discretion, and unless otherwise specified in Retailpharma.com's invoice, payment
must be received by Retailpharma.com prior to Retailpharma.com's acceptance of an
order. Payment for the Order will be made by a credit card accepted by Retailpharma.com,
wire transfer, bank draft, personal cheque or money order.
4. Shipping Charges; Taxes. Separate charges for shipping will
be shown on Retailpharma.com's invoice(s). The Customer is responsible for goods
and services tax, sales and all other taxes associated with the Order, however designated,
except taxes on Retailpharma.com's net income
6. 21 Day Shipping. Delivery of the Product to the Customer takes
place when the product leaves Retailpharma.com's dispensing pharmacy. After delivery,
Retailpharma.com will, as agent for the Customer, arrange for shipping of the product
to the Customer's home address. Normally, the Customer's product shipment takes
less than 21 days to arrive. In the event that the Customer's shipment is delayed,
and upon notice from the Customer, Retailpharma.com will replace the delayed shipment,
will re-deliver and re-ship the product to the Customer at no additional cost. Alternatively
customer can ask for 100% refund of the monies paid and same shall be by Retailpharma.com
without any deductions. Retailpharma.com is not liable for any damage to the Customer
due to delay in shipment or failure of the product to arrive within 21 days.
7. Warranties. THE MANUFACTURER OF EACH PRODUCT IS SOLELY RESPONSIBLE
FOR ANY WARRANTY ASSOCIATED WITH A PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
Retailpharma.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. Retailpharma.COM'S RESPONSIBILITY FOR CLAIMS IN RESPECT
OF THE PRODUCTS IS LIMITED TO REPLACEMENT OF THE PRODUCT.
8. Privacy Policy. The Customer shall fully and accurately disclose
their personal and personal health information ( if called for) and consent to its
use by Retailpharma.com By submitting an Order from Retailpharma.com, the Customer
consents to the collection and use of personal information for the purpose of processing
of order, dispensing the medicines and collect the payment. All information given
to Retailpharma.com will be held in the strictest confidence and will not be sold,
rented or traded to any outside entity. Retailpharma.com uses the latest in Internet
security and encryption technology. You should have no concerns about your personal
information being seen by anyone not directly involved with Retailpharma.com and
its operations. The Customer agrees to review the Privacy Policy each time it submits
an Order. Retailpharma.com reserves the right to amend its Privacy Policy from time
to time by posting the updated policy on its website.
9. Return Policy. Retailpharma.com offers a 7-day hassle free Return
Policy. Please refer to the returns policy for complete details. Retailpharma.com
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.
10. Use of Insurance: Retailpharma.com cannot accept insurance
coverage from another country. However, we will provide you with a receipt that
you can use to make an insurance claim.
11. Products. Retailpharma.com may revise and discontinue Products
at any time without prior notice.
12. Exports. It is important to note that not all of the products
and services are available in the jurisdiction of the pharmacy. The US Food and
Drug Administration has taken the position that virtually all shipments of prescription
drugs imported from a overseas pharmacy by a United States customer will violate
United States law. By placing an Order for product or services, the Customer represents
to Retailpharma.com 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.
13. 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 Retailpharma.com 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 and Retailpharma.com.
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.
14. 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.
15. 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.
16. Force Majeure. Retailpharma.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. Retailpharma.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.
17. Governing Law. The Customer understands that Retailpharma.com
is a Indian pharmacy licensed to practice pharmacy in Indian a and that the Customer
is purchasing medications that have been approved for sale in India by FDA, India.
Title to the Customer's medications passes from Retailpharma.com to the Customer
when the Customer's medications leave Retailpharma.com Indian pharmacy. All agreements
reached or contracts formed with Retailpharma.com shall be deemed to have been made
in Panama and the laws of the Panama shall have sole and exclusive jurisdiction
over any dispute arising between the Customer and Retailpharma.com or its affiliates,
officers and directors.
18. Knowledge and Consent: The Customer has read and understands
the terms of and conditions of Retailpharma.com's Terms of Sale by placing an Order
with Retailpharma.com. 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 Retailpharma.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.
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