TERMS & CONDITIONS
These terms and conditions ('the Terms') govern users ('you' or 'your') use of the website located at https://neubourghealth.shop ('the Website') and your relationship with neubourg Healthcare Inc (‘nHI”).
By using any part of this Website, you agree to comply with and be bound by these Terms. Please review the Terms carefully. These Terms apply to all users of the Website including, without limitation, users who are browsers, vendors and purchasers.
nHI reserves the right to amend and update these Terms from time to time without specific notice to you. The latest copy of the terms will be posted on our Website and should be reviewed before using the Website. If you do not wish to accept the new Terms, you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the amended Terms.
You warrant that the information which you are required to provide when you register is true, accurate, current and complete in all respects. You will notify us immediately of any changes to such information by e-mailing or telephoning our customer service representatives at:
e-mail address: ––––––––––––––––
5. PROTECTING YOUR SECURITY
nHI employs safeguards to secure the information contained on and collected through this Website. Personal information and other confidential business information submitted through the Website is subject to secure encryption technology to help protect it and to facilitate its arrival at our servers unread and unaltered. However, you should be aware that such information could be intercepted over the Internet. Neither nHI nor its employees, agents or contractors are responsible for interception, collection, use or alteration of such information transferred over the Internet by email or otherwise.
6. THIRD PARTY LINKS
As a convenience to our customers, this Website may include links to other websites or material which is beyond our control. We are not responsible for such websites or material, nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused by the use of or your reliance on any advertising, content, products, materials or services available on such external websites or resources.
7. ELIGIBILITY TO PURCHASE
Given the nature of our products we strive to ensure that the products are only used in a targeted manner in accordance with each consumer’s skin requirements and skin condition. As a result, we can only sell our products to customers who provide this type of advice to the individuals who use our products.
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we specifically notify you.
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
9. DELIVERY AND DELIVERY TIMES
Our goods are shipped at the risk and expense of the purchaser. Operational disruptions, lack of raw materials, transport difficulties, force majeure, action by official bodies, or other unforeseeable events preventing delivery, etc. release us from our delivery obligations for the duration of the disruption. Should doubts arise with regard to the creditworthiness of the purchaser, we reserve our right to demand additional security or recall the delivered goods and to withhold any outstanding deliveries. We endeavor to deliver within the specified delivery times; however, no claims of any kind can be made by the purchaser on the grounds of late delivery. Partial deliveries are regarded as belonging to a single order in accordance with our conditions of delivery and payment.
10. NOTICES OF DEFECTS
Notices of defects must be submitted in writing immediately or at the latest within 8 days of the receipt of goods. Returned goods can only be processed if the invoice date, invoice number, customer number and a description of the nature and scope of the defects as set out above are provided in a timely fashion.
11. TERMS OF PAYMENT
We grant a 2% discount for payments made within 10 days of the invoice date. Full net payment of the invoice is due 30 days after the invoice date. If the due date is exceeded, interest will accrue on the overdue balance at the rate of 2% per month. In the case of payment by installments, if the purchaser is in arrears either in whole or in part by a period of more than one week, the full remaining amount shall be due immediately. Invoice deductions (e.g., for goods returned) are only accepted if a credit note has been issued by us pursuant to paragraph 10 above. Invoice details (invoice date, invoice no., customer no.) must be provided in conjunction with all payments.
12. RESERVATION OF OWNERSHIP
Goods supplied by us remain our property until the purchaser has paid the total amount due for the goods. The purchaser is permitted to sell the goods in the context of regular business operations. Sales in connection with the sale of a business as a whole or as a lease are not regarded as a sale in connection with regular business operations and require our authorization. Upon request, the purchaser may be obliged at any time to provide us with information on the whereabouts of the goods supplied under reservation of ownership and on the receivables from resale.
13. COMPLIMENTARY GOODS
Complimentary goods that are provided by us and are labelled or to be labelled “not for sale”
- particularly testers, samples, trial sizes and goods for use in clinics or therapeutic practices
- may not be sold to third parties. The “not for sale” label on these products may not be removed or concealed.
14. PLACE OF PERFORMANCE
The place of performance for obligations arising from this contractual relationship for both parties is the City of Toronto, in the province of Ontario.
15. PRICE AND PAYMENT
All prices are non-binding. In the case of goods that can be supplied promptly, our invoice also serves as an order confirmation and shipping notice. Prices valid on the order date apply. All prices are subject to any applicable sales taxes.
Payment can be made by ––––––––––––––––
Please familiarize yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms.
All prices are in Canadian dollars.
16. LIMITATION OF LIABILITY
The Website is provided on an 'as is' and 'as available' basis without any representations, endorsements or warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
We are not be responsible for any errors, inaccuracies or omissions or for the results obtained from the use of information posted on the Website or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website, we will attempt to correct this as soon as we reasonably can.
IN PARTICULAR, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW WE DISCLAIM ALL LIABILITIES IN CONNECTION WITH THE INCOMPATIBILITY OF THE WEBSITE WITH ANY OF YOUR EQUIPMENT, SOFTWARE OR TELECOMMUNICATIONS LINKS; TECHNICAL PROBLEMS INCLUDING ERRORS OR INTERRUPTIONS OF THE WEBSITE; UNSUITABILITY, UNRELIABILITY OR INACCURACY OF THE WEBSITE; AND FAILURE OF THE WEBSITE TO MEET YOUR REQUIREMENTS.
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, BOTH OF WHICH TERMS INCLUDE, WITHOUT LIMITATION, PURE ECONOMIC LOSS, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS, WASTED EXPENDITURE, LOSS OF PRIVACY AND LOSS OF DATA OR ANY OTHER INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE USE OF THE WEBSITE.
You agree to indemnify nHI and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
20. ENTIRE AGREEMENT
These Terms form the entire basis of any agreement reached between you and us.
21. LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the province of Ontario and the laws of Canada applicable therein and any disputes will be decided only by the courts of the province of Ontario.
Each of the parties agree (i) any action or proceeding relating to a dispute under this Agreement shall be brought in any court of competent jurisdiction in the province of Ontario, and for that purpose irrevocably and unconditionally attorns and submits to the jurisdiction of such Ontario court; (ii) to irrevocably waive any right to and will not oppose any such Ontario action or proceeding on any jurisdictional basis, including forum non conveniens; and (iii) will not oppose the enforcement against it in any other jurisdiction of any judgment or order duly obtained from an Ontario court as contemplated by this Section.
22. INTELLECTUAL PROPERTY
Our website many contain our trademarks as well as those of our affiliates or other companies consisting of words, graphics and logos. Your use of our Website does not give you any right or license to use such trademarks, without the prior written permission of the trademark owner. Our website is also protected under copyright laws. The copying, distribution, use or publication by you of any portion of our website is strictly prohibited. Your use of this website does not give you any ownership rights of any kind relating to it.
These Terms were last updated January, 2020.