Pure Care Inc.
Article I. Terms and Conditions
Section 1.01 By accessing this website (the “Website”) You are agreeing to be bound by the terms and conditions set out below (the “Terms and Conditions”). These Terms and Conditions constitute the entire agreement between You and Pure Care for Your use of the Website, including without limiting the generality of the foregoing, the use of your customer account (the “Account”). Your agreement with Pure Care for the use of the Website shall be governed by the laws of the Province of Alberta and you hereby agree to the exclusive jurisdiction of a Court located in the Province of Alberta.
Article II. Purchase Terms
Section 2.01 All purchases made via the Website must be made by way of Your Account. You will be responsible for any use of your Account and liable for any purchases or damages resulting therefrom.
Section 2.02 Prices contained on the Website and are exclusive of, and subject to, any and all applicable sales and other taxes and supersede any previously advertised or quoted prices. Prices are subject to change without notice and do not constitute an offer made to You by Pure Care. All orders placed by You must be accepted by Pure Care. Pure Care has no obligation to fill Your order until such time as You have fully paid any amounts, including interest, owing to Pure Care. In filling Your order you authorize Pure Care to substitute any product with an industry accepted equivalent brand or product. Pure Care reserves the right to require that You order a minimum quantity of product of dollar value amount of product.
Section 2.03 All orders must be paid for at the time of you place your order by credit card, EFT, or by Your approved credit account, which must be in good standing, In the event You pay using your approved credit account, payment on your credit account received outside of the agreed terms of that credit account shall be subject to interest at a rate of 2% per month.
Section 2.04 Pure Care agrees to be responsible for any damage to any product that occurs during shipping. In the event that any product is damaged or You have concerns with the soundness, quantity, sizing, price, or correctness of product you must notify Pure Care within 2 business days from the date your order is delivered to You. Pure Care reserves the right to charge You for the cost of shipping in its sole discretion.
Section 2.05 Pure Care reserves the right to refuse the return of any product You have purchased and in no circumstances shall Pure Care accept the return of any product that is not unused and in the original packaging. Pure Care will not accept the return of any product that is marked as not returnable on the Website. In the event Pure Care accepts the return of product you have purchased Pure Care reserves the right to charge a 15% restocking fee. Pure Care reserves the right to give store credit in lieu of refunding Your purchase price paid for the product. No return of product will be accepted beyond 90 days from the date you receive your product
Section 2.06 Intellectual Property
Section 2.07 The Website, and the entirety of the content contained on the Website, including, without limiting the generality of the foregoing, text, articles, documents, worksheets, programs, photos, illustrations, images, videos and audio materials (the “Website Content”) is the property of Pure Care. In the event any Website Content is not the property of Pure Care Pure Care has obtained the appropriate permission or license for the use of said Website Content. No Website Content may be copied, reproduced, distributed, published, translated, downloaded, posted or sent, or used in any way whatsoever, without the prior written approval of Pure Care
Article III. Representations and Warranties
Section 3.01 Pure Care makes no representations or warranties as to:
(a)the accuracy of any information, statements, or claims, contained in promotional or other product material contained on the Website;
(b)the suitability of any products or services offered by Pure Care for any specific use; and,
(c)the accuracy of any information, statements, or claims, contained in promotional or other product material contained on any internet site to which a link exists on the Website.
(d)Whether products and brands of third party manufacturers are covered by those manufacturer’s liability insurance and advises that products and brands of third party manufacturers are not covered by Pure Care liability insurance.
Article IV. Release & Indemnity
Section 4.01 Pure Care hereby disclaims any liability for any product or service it may provide to You. You hereby release and forever discharged Pure Care of and from all claims, demands, actions, cause of action or suits, at law or in equity, of whatsoever kind or nature related either directly or indirectly to any product or service provided to You by Pure Care.
Section 4.02 You agree to defend, indemnify and save harmless Pure Care and its affiliates and related companies from any and all liabilities, costs and expenses, including solicitor and own client costs, related to any breach of these of these Terms and Conditions by you or users of your Account, or in connection with the use of Pure Care Site or the Internet or the placement or transmission of any message, information, software or other materials on Pure Care Site or on the Internet by you or users of your Account.
Article V. Independent Parties
Section 5.01 Pure Care and any owner and operator of any website to which this Website provides a link are independent parties. There is no agency, employee, or partnership relationship between or among them.
Article VI. Miscellaneous Terms
Section 6.01 Any warranty on Pure Care branded products is not assignable by You to any other end user. Pure Care shall not be required to honour any warranty where the warranty claim is not made by You or has been assigned in contravention of these Terms and Conditions.
Section 6.02 Any waiver by Pure Care of any breach of any kind or character whatsoever by You of the Terms and Conditions whether such waiver be direct or implied, shall not be construed as a continuing waiver of or consent by Pure Care to any subsequent breach of the Terms or Conditions on Your part.
Section 6.03 Should any covenant or provision of these Terms and Conditions be determined to be void and unenforceable, in whole or in part, it shall not be deemed to affect or impair the validity of any other covenant or provision or Your agreement to be bound by the Terms and Conditions. Such void or unenforceable covenant or provision or part thereof shall be deemed modified to the extend required to permit enforcement.