Each time you place an order with us, you acknowledge and agree to the following:
I acknowledge and agree as follows:
The following terms and conditions (the "Terms") govern the sale by ABCpetmeds to you (the "Customer") of the products and services (the "Products") offered for sale by ABCpetmeds. By placing an order for Products, Customer agrees to be bound by and accepts these Terms as well as the Customer Agreement.
These Terms may not be altered, supplemented, or amended by the use of a Customer purchase order or similar Customer document. Any attempt by Customer to alter, supplement or amend this document or to enter into an order for Products that are 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 ABCpetmeds. ABCpetmeds may change the Terms at any time without prior notice.
These Terms will be governed by and construed in accordance with the laws of the jurisdiction from which Products are shipped to Customer (unless ABCpetmeds elects otherwise in its sole discretion), without giving effect to any principles of conflicts of laws. All disputes, controversies or claims arising out of or in connection with these Terms shall be submitted to and subject to the jurisdiction of the courts in the jurisdiction from which Products are shipped to Customer (unless ABCpetmeds elects otherwise in its sole discretion). The parties submit and attorn to the exclusive jurisdiction of said courts to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with these Terms.
Orders; Prices; Payment Terms; Interest
Orders are not binding upon ABCpetmeds until accepted by ABCpetmeds in writing. The prices for the Products shall be as set forth in ABCpetmeds's website at the time of acceptance of an order by ABCpetmeds. Prices for Products shall be subject to change without any further notice. Credit terms are within ABCpetmeds's sole discretion, and unless otherwise specified in ABCpetmeds's invoice, payment must be received by ABCpetmeds prior to ABCpetmeds's acceptance of an order. Payment for the Products will be made by a credit card accepted by ABCpetmeds or personal check. In the case of personal check, the check must clear prior to the shipment of the product. If credit terms have been agreed to by ABCpetmeds, invoices are due and payable within thirty days of the date of the invoice.
Shipping Charges; Taxes
Separate charges for shipping and handling will be shown on ABCpetmeds's invoice(s). If applicable, Customer is responsible for goods and services tax, sales and any other taxes associated with the order. If applicable, a separate charge for taxes will be shown on ABCpetmeds's invoice.
Title to Products passes from ABCpetmeds to Customer at the time the Products leave ABCpetmeds's affiliated pharmacy or international licensed or certified fulfillment center. Ship dates are estimates only. ABCpetmeds is not responsible for delays in shipment or failure to ship by the estimated ship date.
THE MANUFACTURER OF EACH PRODUCT IS SOLELY RESPONSIBLE FOR ANY WARRANTY ASSOCIATED WITH A PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABCpetmeds DISCLAIMS ANY WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE TERMS AND CONDITIONS INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ABCpetmeds'S RESPONSIBILITY FOR CLAIMS IN RESPECT OF THE PRODUCTS IS LIMITED TO REPLACEMENT OF THE PRODUCT.
Because we work in conjunction with licensed pharmacies to protect the safety of you and other parties involved, once a prescription and non-prescription products have been dispensed it cannot be returned for any reason. Under the pharmaceutical law prescription drugs are not returnable. All sales are final. So before ordering (completing your order) please consult with your physician regarding your medications.
From time to time, ABCpetmeds may, in its sole discretion, exchange or replace a Product, in the event of damage or defect to the Product. Any exchanges will be made in accordance with ABCpetmeds's exchange policies in effect on the date of the exchange.
ABCpetmeds may discontinue or vary the Products it offers for sale at any time without prior notice.
On of Liability.
ABCpetmeds DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR DELAYS EXPERIENCED IN CUSTOMERS RECEIVING PRODUCTS THAT HAVE BEEN PURCHASED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABCpetmeds WILL NOT BE LIABLE FOR DAMAGES ARISING FROM PERSONAL INJURY OR DEATH, LOST PROFITS, LOSS OF BUSINESS OR OTHER LOSS OR DAMAGE RELATING IN ANY WAY TO PRODUCTS OR SERVICES, WHETHER DIRECT OR CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSES OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, OR DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT INCLUDING, WITHOUT LIMITATION, FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM.
Exports and Imports
The Customer acknowledges that the Products sold hereunder are subject to applicable export and import control laws and regulations.
Customer agrees that these Terms and any document incorporated by reference or referred to herein constitute the entire agreement between Customer and ABCpetmeds pertaining to the subject matter of these Terms, and supersede, terminate and otherwise render null and void any and all prior agreements, understandings, negotiations, contracts, proposals or requests for proposals, whether written or oral, between Customer and ABCpetmeds. In the event of a conflict between these Terms and any of the documents incorporated by reference or referred to herein, these Terms shall govern.
The invalidity or unenforceability of any provision of these terms and conditions 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.
The section headings used herein are for convenience of reference only and do not form a part of these Terms and no construction or inference shall be derived therefrom.
ABCpetmeds shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, delays due to back-orders of requested Products, mail delays, customs delays, and lost shipments. ABCpetmeds shall not be responsible for notifying the Customer in the event of such delays. Customer shall be solely responsible for alternate arrangements to purchase alternate Products and any costs incurred in connection with such purchases.