Terms and Conditions
Terms and Conditions of Website Use and Sale
These terms and conditions of use and sale (the "Terms and Conditions") form a legal agreement between each user ("you", or “user”) of this website located at the www.pascoe.ca and its related sites (hereinafter referred to as the "Site") and Pascoe Canada Inc., its parent, subsidiaries, and other affiliated companies (collectively, "Pascoe", or “we”) concerning your access to and use of his Site and to your purchase of the products and services offered on the Site (hereinafter referred to as the "Products").
The present Terms and Conditions are effective as of January 10, 2018 and apply to all users of the Site.
IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS LISTED BELOW WITH ATTENTION.
1. TERMS AND CONDITIONS
To use the Site, you must agree to be bound by all of the Terms and Conditions. By using the Site, you accept and agree, without limitation or qualification, to these Terms and Conditions and to be legally bound by all of these Terms and Conditions, without limitation or qualification.
If you do not agree with these Terms and Conditions you may not access or use the Site. We reserve the right to modify these Terms and Conditions at any time by updating the Terms and Conditions. Any changes to the Terms and Conditions shall enter into force upon their publication on the Site. We will notify you of any material changes to these Terms and Conditions by posting a notice on the homepage of the Site for a reasonable period of time after such changes are made notifying you that these Terms and Conditions have been updated. We encourage you to check this page periodically for any changes. Your continued use of the Site following notice of any such changes will indicate your acknowledgment of such changes, and your agreement to be bound by the revised Terms and Conditions, inclusive of such changes.
2. HEALTH DISCLAIMER NOTICE
Pascoe recommends that you consult with a healthcare professional prior to taking natural health products or discontinuing/changing your use of any medications or supplements. For any suspected or known illnesses or health conditions, always consult with a physician or another healthcare professional prior to the purchase or use of natural health products. The information on the Site is often provided in summary or aggregate form, and may not be construed as medical advice.
Information contained within the Site is not intended to diagnose, treat, cure or prevent any disease. The information on the Site should not be used as a therapeutic modality or as a substitute for the advice of a healthcare professional, or as a substitute for any information contained in or on any product label or packaging. Pascoe is not responsible for the misuse and/or abuse of any Product sold as a result of a consumer using the Site or relying on the information posted on the Site, nor is Pascoe responsible for any problems or difficulties which may arise though consumer use of Products. The Site’s users and customers who fail to consult their health care professional prior to the purchase and subsequent use of any Product, assume the risk of any adverse effects.
3. ELIGIBILITY CRITERIA OF THE SITE’S USERS
The Products are available only to persons who have the legal capacity to contract, among others, without limiting the generality of the foregoing, our Products are available only to persons who are the age of majority and over. If you are under the age of majority, you can use the Site only with the permission and under the supervision of your parents or your legal guardian. We also reserve the right to restrict the use of the Site to members who have been temporarily or permanently suspended. In addition, your account and your user name for the Site cannot be transferred, sold or assigned to a third party. If your registration is made on behalf of a corporation, you certify that you are a duly authorized representative of that corporation.
4. FEES AND SERVICES OF THE SITE
Browsing and creating an account on the Site is free. We refer you to Section 5 of the present Terms and Conditions for the service and delivery charges that are applicable to the purchase of Products on our Site.
5. ORDER PROCESSING AND SHIPPING
5.1 Order Confirmation
Within 1 - 3 business days of your purchase transaction, we will send you an order confirmation at the email address you provided us.
5.2 Product Information
THE PRODUCTS ARE AVAILABLE ONLY IN CANADA AND THE SITE IS DIRECTED ONLY AT CANADIAN CUSTOMERS. Pascoe attempts to be as accurate as possible in describing all Products available for sale. However, Pascoe does not warrant that Product descriptions or other content of the Site are accurate, complete, reliable, current or error-free. Although Pascoe endeavours to maintain the accuracy of the information on the Site, errors can be present. If Pascoe notices an error, it will be corrected as soon as possible, and the customers concerned will be advised accordingly.
5.3 Shipping (Consumer Orders)
Pascoe only offers shipping in Canada only. Products ordered are shipped via Canada Post or FedEx. The shipping charges are as follows:
(a) Orders over $79 (after discounts before taxes): free shipping
(b) For all orders under $79 (after discounts before taxes):
ON and QC: $6.95
NS, NB, NL, PEI, SK, MB, AB, BC $11.95
YK, NT, NU: $14.95
5.4 Shipping (Retail or Healthcare Practitioners)
Pascoe only offers shipping in Canada only. Products ordered are shipped via Canada Post or FedEx.
The shipping charges are as follows:
(a) Orders over $350 (after discounts, before taxes): free shipping
(b) For all orders under $350 (after discounts, before taxes):
QC, NS, NB, NL, PEI, SK, MB, AB, BC, YK, NT, NU: $15.00
5.5 Shipping (Remote areas)
Please note that orders shipped to remote areas may carry an additional shipping charge. You will be contacted by email if this applies.
5.6 Order Changes or Cancellations
As our orders are processed electronically, it is not possible to make any changes to the shipping address through the Site once an order has been placed. Furthermore, orders cannot be cancelled or modified through the Site if the products ordered have already been shipped. If you are paying by credit card, your credit card will be charged only once the order has been processed.
Please note, that once your order moves into the processing stage in our warehouse, we may no longer be able to cancel it. Should this be the case, we can help facilitate a return upon delivery (excluding final sale items).
5.7 Obligation to Provide Current, Accurate and Complete Information
Pascoe relies on the information furnished by you at the time of completion of your order to provide you with the products you order from the Site. Thus, you represent and agree that (1) all information provided to us, including your name, address, shipping address, credit card number and expiration date, are current, accurate and complete; and (2) you are solely responsible for any loss, damage, cost or claims that you, Pascoe or any other third party may suffer or incur as a result of your failure to provide current, accurate and complete information.
5.8 Returns and Exchanges
Pascoe prides itself in offering only high quality products produced and quality controled in our own facility. Every effort is taken to assure that you receive your order in excellent condition and in a timely manner. If for any reason you are not completely satisfied with your Products, you must return them to Pascoe within thirty (30) days of purchase in order to be eligible for an exchange or a refund. We suggest that you send the product using a trackable service and in protective packaging. We only accept returns of unopened products; opened, used products, damaged or any items marked as non- refundable are not eligible for returns.
Return shipments should be addressed to our head office:
Pascoe Canada Inc.
Unit 70 – 40 Vogell Road, Richmond Hill, ON
If there is an issue with your package, or you would like to arrange a return, please contact Pascoe at firstname.lastname@example.org.
Any dates specified by Pascoe for delivery of the Products are intended to be estimates. If no dates are specified, delivery will be made within a reasonable time.
Subject to these Terms and Conditions, Pascoe is not liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, loss of profits, loss of business and depletion of goodwill), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Products (even if caused by Pascoe’s negligence).
6. METHODS OF PAYMENT
All prices and dollar amounts listed on the Site are in Canadian dollars. Pascoe accepts Visa and MasterCard credit cards. Please note that some electronic transactions may require extended processing in addition to the credit card authorization.
All credit cards used for payment must be valid and authentic and you must be authorized to use them. If the charge is not authorized or accepted by your credit card company, we reserve the right to cancel your order without notice or liability from our part. We reserve the right to stop accepting credit cards from one or more issuers.
6.1 Sales Tax
In accordance with applicable provincial and federal laws, we are required to charge HST/GST and provincial sales taxes. The applicable sales tax is determined by the province of delivery and the HST/GST is applicable to all taxable merchandise and services delivered in Canada. The appropriate sales tax amount will be displayed on the checkout section of the Site prior to the completion of the purchase transaction.
6.2 Payment Security
Because we care about your satisfaction as a customer and understand you may have concerns about entering personal or credit card information over the Internet, we have installed security measures that employ state-of-the-art technology to guard against the loss or misuse of all personal information that is handled through the Site. Our servers use a security protocol called SSL (Secure Socket Layers) to ensure the transmission of your personal information takes place in complete security. SSL encrypts all information entered on the Site before it is transmitted over the Internet, which prevents the interception of data and ensures data integrity during electronic communications.
7.1 Privacy and Security
However, information sent or received over the Internet is generally not secure. Pascoe cannot guarantee security of any communication to or from the Site. Pascoe does not assume any responsibility or risk for your use of the Internet.
7.2 Managing your password
You are responsible for any actions taken using your user name and password, including fees charged to your account. We recommend that you never reveal your Pascoe password to any third party. If you choose to share your user name and password or your personal information with third parties, you will be liable for any actions taken through your account. If you disclose your password, you may lose considerable control over your personal information and you may take the risk that legally binding actions be taken on your behalf. Thus, if the security of your password has been compromised, for whatever reason, you should immediately change it on the Site.
8. TRADEMARKS AND COPYRIGHTS
All materials displayed or otherwise accessible through this Site, including but not limited to the names Pascoe and Pascoe Canada, as well as the designs associated with these names, text, graphics, videos, photos, trade-marks, logos and other materials (collectively, “Content”) are protected by copyright and trademark laws, and are owned by Pascoe and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Site or of its Content, whether in whole or in part, is prohibited without the express prior written consent of Pascoe or the respective owners of the Content, as applicable.
Because we care about your satisfaction as a customer and understand you may have concerns about entering personal or credit card information over the Internet, we have installed security measures that employ state-of-the-art technology to guard against the loss or misuse of all personal information that is handled through the Site. Our servers use a security protocol called SSL (Secure Socket Layers) to ensure the transmission of your personal information takes place in complete security. SSL encrypts all information entered on the Site before it is transmitted over the Internet, which prevents the
interception of data and ensures data integrity during electronic communications.
The Site along with its contents, including text, images and the selection and arrangement of its data, are protected by copyright © 2017, Pascoe Canada Inc. ALL RIGHTS RESERVED.
Subject to these Terms and Conditions, you are hereby granted a limited, non-transferable and non- exclusive licence to access, view and use the Site for your personal, non-commercial use, and are granted the right to download, store and print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content.
10. DISCLAIMER AND LIMITATION OF LIABILITY
10.1 THE SITE, THE CONTENT AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. PASCOE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT IN RESPECT TO THE SITE, THE CONTENT AND PRODUCTS, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. WHILE PASCOE ENDEAVOURS TO PROVIDE CONTENT THAT IS CORRECT, ACCURATE AND TIMELY, NO REPRESENTATIONS OR WARRANTIES ARE MADE REGARDING THE SITE AND/OR THE CONTENT INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY THAT (I) THE SITE OR CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, TIMELY OR SUITABLE FOR ANY PARTICULAR PURPOSE, (II) THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, (III) THAT DEFECTS OR ERRORS IN THE SITE OR THE CONTENT WILL BE CORRECTED, (IV) THAT THE SITE WILL BE FREE FROM VIRUSES, MALWARE, WORMS OR OTHER HARMFUL COMPONENTS, AND (V) THAT COMMUNICATIONS TO OR FROM THE SITE WILL BE SECURE AND/OR NOT INTERCEPTED.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE SITE AND THE CONTENT, IF APPLICABLE, AT YOUR OWN RISK AND LIABILITY.
10.2 SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL PASCOE, OR ITS PARTNERS, AFFILIATES, SHAREHOLDERS, CONSULTANTS, AGENTS, OR LICENSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES(“PASCOE RELEASED PARTIES”) BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS ARISING FROM YOUR USE OF, RELIANCE UPON, OR INABILITY TO USE THE SITE OR THE CONTENT OR FROM USE OF OR INABILITY TO USE
MATERIAL, PRODUCTS OR SERVICES OF PASCOE, OR FROM DELAY OF OR PARTIAL DELIVERY OF PASCOE PRODUCTS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF PASCOE KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
10.3 YOU HEREBY AGREE TO RELEASE EACH OF THE PASCOE RELEASED PARTIES FROM, AND IN NO EVENT SHALL ANY OR ALL OF THE PASCOE RELEASED PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, FOR ANY AND ALL LIABILITIES AND DAMAGES (INCLUDING ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS) WHATSOEVER OR ARISING FROM YOUR USE OF THE SITE (INCLUDING ANY BREACH BY YOU THEREOF), THE CONTENT, THE PRODUCTS OR OTHERWISE RELATING TO THESE TERMS AND CONDITIONS AND YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIM, LOSS, DAMAGE, COSTS OR EXPENSES IS TO CEASE USING THE SITE. YOU WILL INDEMNIFY AND HOLD EACH OF THE PASCOE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, LOSSES, JUDGMENTS, DAMAGES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL FEES) INCURRED BY ANY OF THEM DUE TO OR RESULTING FROM YOUR USE OF THE SITE, THE CONTENT, THE PRODUCTS OR OTHERWISE RELATING TO THESE TERMS AND CONDITIONS (INCLUDING ANY BREACH BY YOU THEREOF). YOU WILL ALSO INDEMNIFY AND HOLD THE PASCOE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF CONTENT FROM THIS SITE.
You can contact Pascoe:
Pascoe Canada Inc.
Unit 70 – 40 Vogell Road Richmond Hill, ON L4B 3N6
Attention: Customer Service
By telephone: 1-866-535-0099
By email: email@example.com
12. QUESTIONS AND CONCERNS
If you would like more information on the Terms and Conditions of the Site, please contact Pascoe using the coordinates specified in Section 11. Please contact us with your questions and concerns and we will give our best efforts to assist you.
If any term or provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. Pascoe will not be considered to have waived any of its rights or remedies described in these Terms and Conditions unless the waiver is in writing and signed by Pascoe. No delay or omission by Pascoe in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Pascoe’s failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver of Pascoe’s right to subsequently enforce such provision or any
other provisions of these Terms and Conditions. The headings used in these Terms and Conditions are included for convenience only and have no legal or contractual effect.
14. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions and their interpretation are subject to the laws that are in force in the province of Ontario and in Canada without giving effect to any principles of conflicts of laws. The courts of the City of Toronto in the Province of Ontario have exclusive jurisdiction to hear any dispute related to these Terms and Conditions, including its interpretation and its effects.