Last updated: August 2, 2019
1- Preamble
The company VETOQUINOL N.-A. INC., A corporation whose head office is at 2000 Chemin Georges, Lavaltrie, J5T 3S5 Québec, Canada, registered under enterprise number 1147473178 in the Québec Business Register (hereinafter referred to as "Vetoquinol"), specialized in particular, in the manufacture and marketing of veterinary pharmaceutical and non-pharmaceutical specialties, operates an e-commerce website available at https://www.equistro.ca (hereinafter "the Site").
These General Conditions of Sale (hereinafter the "GCS") govern the commercial relations between Vetoquinol and any natural person acting in his personal capacity as a consumer as defined by provincial and territorial laws relating to consumer protection, wishing to perform an order on the Site (hereinafter the "Customer").
These GCS apply to all sales made on the Site and to any product delivered exclusively in Canada.
2- Enforceability
The Customer undertakes to read these Conditions and to accept them prior to any order on the Site.
The action, for the Customer, to place an order on the Site and accept the GCS implies full and unreserved adherence to them.
The fact, for Vetoquinol, not to take advantage of one of the provisions of these GCS can not be interpreted like being waived to prevail later.
Vetoquinol is free to modify, at any time and without notice, these Terms and Conditions, in particular to take into account any legal, jurisprudential, commercial and / or technical developments.
3- Products
The Site is intended for the sale of the Equistro product line expressly designed to meet the needs of horses (hereinafter the "Products"). The Products are sold and shipped by Vetoquinol.
Vetoquinol undertakes to provide the Customer with the most exhaustive information possible regarding the Products. The essential characteristics relating to the Products and their prices are described and presented within each Product sheet appearing on the Site.
Each Product Sheet contains a detailed description of the Product, the composition, the format, the active ingredients and the method of administration.
The Customer certifies that he has obtained from the Site, prior to his order, all the information on the Products and the delivery terms. He declares that he is solely responsible for the choice of products and their suitability for his needs. The Customer expressly declares to have read this information before placing an order and to certify that he has received from the Site all the decisive elements of his consent.
Purchases of Products by the Customer for resale are strictly prohibited.
The Customer undertakes to use the Products in accordance with their purpose and with the standard vigilance required for the type of Product in question.
4- Order
The Customer can browse the Site and learn about the various Products offered for sale without obligation to purchase.
To place an Order, the Customer may, as desired, create a personal account or order as a guest. In both cases, the Customer provides his identity (last name and first name) and an email address. For the creation of a personal account, the Client also informs a password which is personal and must not be transmitted to a third party.
The creation of a personal account (when the Customer chooses this option) is only necessary for the first order of the Customer. For subsequent orders, it is sufficient for the Customer to identify himself by means of his email address and his password. The information entered during the creation of the account will be reused by default for placing the order and delivery, unless modified by the Customer.
The personal account provides access to personal information about the Customer and their order history.
Customers wishing to place an order as a guest can create a personal account at any time.
To place an order, the Customer must complete, in addition to the information provided in the personal information request form, a form specifying the following mandatory information: address, city, state, postal code.
No order can be validated if the Customer has not completed the fields of the required form.
The methods of collection and processing of this personal data are specified in the Privacy Policy and Cookies, which the Customer must read before confirming any order.
The Client certifies that the purchase of the Product (s) on the Site is unrelated to a professional activity, be it commercial, agricultural, industrial, artisanal or liberal.
To place an order, the Customer selects the Products of his choice on the Site and adds them to his virtual basket.
Any order implies acceptance of the prices and essential characteristics of the Products available for sale on the Site.
Once the order has been validated and paid for, the Customer can not modify or cancel it, except under the conditions set out in article 8.
The Customer is required to check the completeness and veracity of the information provided to Vetoquinol when ordering, and particularly regarding its delivery address and payment method.
In the event of payment default, incorrect address or any other problem related to the Customer's order or personal account, Vetoquinol reserves the right to block the order until the problem is solved.
Vetoquinol also reserves the right to refuse any order for legitimate reasons, particularly when the quantities of Products ordered are abnormally high for buyers who are consumers.
5- Price and method of payment
Prices displayed on the Site are in Canadian dollars, before taxes and delivery charges. All orders are payable in Canadian dollars.
The final price including taxes (VAT included) is payable in full, including applicable taxes and delivery charges, and in one payment at the time of order.
The prices and conditions applicable to the Products are those in force on the day of receipt of the order by Vetoquinol.
Prices and terms of payment are subject to change without notice and at any time by Vetoquinol.
The Customer may pay his Order by credit card (Visa, or Mastercard) directly on the Site. The order can also be paid with a prepaid card.
By accepting the order, the Customer authorizes Vetoquinol to debit the bank account for the amount corresponding to the price including taxes (TTC) of the Products ordered.
The Client certifies that he is the holder or fully authorized to use the credit card entered for the payment of his order and that this means of payment legally gives access to sufficient funds to cover all the costs resulting from his order on the Site. Vetoquinol can not be held responsible for any fraudulent use of the means of payment used.
Vetoquinol reserves the right to suspend or cancel any order for Products made by the Customer in the event of non-payment or incident of payment of any sum that would be due by the Customer to Vetoquinol.
6- Shipping costs
The amount of shipping costs is the responsibility of the Customer. This amount will be specified to him including all taxes before he validates the order and will appear on a specific line and distinct from that specifying the price of the Products.
The shipping costs cover the costs of preparation and packaging as well as postage and shipping costs. They are based on the delivery method chosen, the delivery address, the number of items ordered and the total amount of the order, before taxes. Delivery of the Customer's order is made after receipt of the full price of the order, including ancillary costs.
The delivery of the order takes place at the address indicated by the Customer at the time of the order.
This must be precise and accurate for the order to be delivered. Otherwise, Vetoquinol can not be held responsible for a delivery defect.
7- Transport and delivery
Orders are usually shipped within two (2) business days of receipt of the payment to which must be added a delivery period may vary depending on carriers. Vetoquinol agrees to process each order within twenty-four business hours.
Vetoquinol entrusts the delivery of the Products to the carriers of its choice, with regard to quality and safety standards.
Orders are shipped by Purolator or Canada Post.
Regardless of the delivery method chosen, Vetoquinol sends the Customer a link to follow the status of the delivery online.
The Customer undertakes to respect the general terms and conditions of the carriers to which Vetoquinol calls, it being specified that the carriers may change their general conditions. Vetoquinol has no control over these changes, especially those concerning the delivery times of orders.
Vetoquinol undertakes, as far as possible, to update these GCS, in case of change in delivery times of orders. However, the responsibility of Vetoquinol can not be engaged in the event that the deadlines indicated on the Site do not correspond anymore to the withdrawal periods practiced by the carriers.
The Customer therefore undertakes to keep himself regularly informed of the general conditions of the carrier chosen for the delivery of his order.
Deliveries are made exclusively within the territory of Canada.
8- Returns and exchanges
The Customer has the option to return the Products ordered online by post, provided that they are in their original packaging and that they are accompanied by proof of purchase.
To refund the Product Price, Vetoquinol ensures that the Products are in their original condition, have all their labels and have not been unpacked, opened, consumed or damaged.
Products may be returned under the following conditions:
- Returned Products must be received by Vetoquinol within 30 days of receipt of the order by the Customer;
- Shipping charges apply to returned Products, unless the product is defective, damaged or if there was an error when sending the order;
- Articles identified with the mention "final sale" can not be returned;
- No refunds or exchanges will be accepted after the period allowed for returns.
If the customer chooses to reship the items through Canada Post, then the customer must proceed as follows:
- The Customer must contact Vetoquinol Customer Service, available from Monday to Friday, from 8AM to 5PM, at 1 800 363-1700 (toll-free number), and provide the information requested
- Vetoquinol's customer service will then send the Customer a Canada Post return label on their email address;
- The Customer must return the Product (s) to a Canada Post office or counter with the return label provided by Vetoquinol.
Products returned or exchanged without a purchase receipt will be refunded as a credit to the account, at the lowest balance price. In the case of an order made as a guest, a promotional code of the value of the amount of the order will be sent by email to the Customer.
Returns made by Canada Post are processed within approximately 7 to 10 business days of receiving the returned Products.
9- Warranties
Vetoquinol warrants to the Customer that Products sold on the Site will be free from defects in design, assembly, materials or workmanship for a period of 30 days from the date of purchase.
Any claim made within the required time will be admissible only if the Products are in their original packaging. The copy of the original purchase receipt must also be returned for inspection. In the event of a valid claim with Vetoquinol, Vetoquinol will, without charge, proceed to the necessary replacement as soon as possible.
The warranty is null and void if Vetoquinol believes that the Product has been misused, altered or tampered with in any way.
This warranty does not provide protection against normal wear and tear or damage resulting from misuse. < p>
This guarantee is the only guarantee that Vetoquinol offers to the Customer. There are no other warranties, expressed or implied, including the implied warranty or condition of merchantability or fitness, and such implied warranties, if any, are limited to the duration of this warranty.
In no event shall Vetoquinol be liable for any consequential, special, incidental or consequential damages, including, but not limited to, loss of business or profits from the sale or use of any Product.
10- Force majeure
Vetoquinol's liability can not be incurred in the event that the breach of its obligations is attributable to a case of force majeure as defined by Article 1470 of the Civil Code and Quebec jurisprudence.
In case of force majeure, the performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed a period of fifteen (15) days.
Consequently, as soon as the cause of the suspension of its obligations disappears, Vetoquinol will make its best efforts to execute its contractual obligations as soon as possible.
If the impediment is final or exceeds a period of fifteen (15) days from its occurrence, the order will be canceled and the contract automatically terminated by Vetoquinol who will notify the Client.
Vetoquinol will bear the costs and expenses related to this resolution.
11- Applicable law and competent courts
These GCS are governed by the law of the province of Quebec in force, and any dispute shall be submitted, exclusively, to the competent courts of the province of Quebec, in the district of Montreal. If any provision of the terms of sale is held invalid by a court of competent jurisdiction, this will not invalidate all other provisions and the invalid provision must be severed from other provisions of these terms of sale , which will remain in effect. These Terms and all other legal notices posted on the Site constitute the entire agreement between Vetoquinol and the Customer.