The following terms and conditions apply to all orders placed by the customer (collectively, “you” or “your”) with PÖ DERMA Inc. (“PÖ DERMA”) through the poderma.com website (the “Website”).
By using the Website, creating an account, and/or placing an order on the Website, you warrant that you have read and understood the terms and conditions set out herein as updated from time to time and posted on the Website (the “Terms”) and that you agree to comply with and be bound by the Terms.
1. Price, Payment, and Purchase Terms
1.1 All prices are displayed on the Website in Canadian currency.
1.2 The prices displayed on Website do not include federal or provincial retail goods and services sales tax (HST/ QST/ PST/ and/or GST as applicable) or the order delivery charge. The retail sales tax applicable is determined by your delivery address and will be calculated and displayed in the checkout before you confirm your order.
1.3 The total payment amount of your order including all applicable taxes and delivery charges will immediately be reserved on your credit card but will not be debited until the goods are dispatched for delivery to you.
1.4 Payment is accepted by major credit card only, through PÖ DERMA’s third party payment processor, Stripe, Inc. , on the Website.
1.5 PÖ DERMA products are for personal use only and may not be purchased for resale. You may not sell PÖ DERMA product(s), publish or otherwise distribute any product or materials which contain the PÖ DERMA name or trade-marks without express prior written authorization by PÖ DERMA.
2. Product Information and Fulfilment of Orders
2.1 PÖ DERMA products are currently only available for purchase and delivery within Canada.
2.2 Products supplied by PÖ DERMA may differ in non-material respects from those advertised and displayed on the Website.
2.3 The display of products on the Website at any given time does not guarantee that these goods will be available when you place an order.
2.4 After placing your order, a confirmation will be sent to the email address provided by you.
2.5 PÖ DERMA reserves the right to limit the quantity of any one or more product available for sale or per order, or refuse or cancel your order for any reason, at any time.
2.6 If for any reason PÖ DERMA is unable to fulfill your order, you will be notified as soon as possible. If payment has already been received for your order, PÖ DERMA will refund the applicable amount, using the same method by which your payment was made unless such method is unavailable. In all such cases PÖ DERMA will attempt to contact you to arrange an alternate method of refund.
3.1 PÖ DERMA uses Canada Post or courier standard level shipping with tracking to deliver your order from the distribution warehouse in Ontario to the address within Canada specified on the order by you. Delivery times may vary given geographical or seasonal factors. Please allow extra time for orders over holiday or peak periods.
3.2 Shipping and handling charges are applicable to all orders and will be added to the purchase price at checkout.
4. Changes, Cancellations and Returns
4.1 Please review the order summary prior to confirmation as PÖ DERMA orders may not be modified or cancelled.
4.2 PÖ DERMA does not accept returns other than in the unlikely event that a PÖ DERMA order is delivered with physical damage to the bottle, jar or tube or where the quality of the product has been compromised (either case a “Faulty Product”). In such a case, PÖ DERMA will accept the Faulty Product for return. To initiate a claim for the return of a Faulty Product, you must obtain a return authorization and claim number by contacting us at [email protected] . Your claim for damage or compromised quality, and the Faulty Product, must be received by PÖ DERMA, within thirty (30) days of delivery of your order, at the return shipment address provided with the claim number.
4.3 Where a claim for a Faulty Product is verified by PÖ DERMA, you will be contacted by a representative of PÖ DERMA and offered a refund for the damaged product or, if available, a replacement product. If you elect to receive a refund, the refund will be issued to the credit card used at the time of purchase.
5. Personal Information
5.2 PÖ DERMA relies on the information you provide through the Website, including account registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete, in order to process your order. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, PÖ DERMA, or any other person may incur as a result of your submission of any false, incorrect or incomplete information.
6.1 UNLESS OTHERWISE EXPRESSLY REQUIRED BY LAW, PÖ DERMA’s LIABILITY TO YOU ARISING FROM THE PRODUCT OR SERVICES PURCHASED AND/OR PROVIDED BY PÖ DERMA, ARISING FROM ANY CAUSE OF ACTION, INCLUDING BREACH OF CONTRACT, NEGLIGENCE, AND/OR STATUTORY OBLIGATION, IS LIMITED TO THE COST OF REPLACING THE PRODUCT ORDERED. IN NO EVENT WILL PÖ DERMA BE LIABLE TO ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM YOUR ORDER, PURCHASE, USE OR MISUSE OF ANY PRODUCT.
6.2 It is not intended that any contract between PÖ DERMA and you for the supply of goods be enforceable by any third party.
6.3 PÖ DERMA shall not be liable or be deemed to be in breach of these Terms by reason of any delay in supplying or failure to supply the goods you order where such delay or failure was due to any cause beyond the reasonable control of PÖ DERMA or was otherwise permitted under section 2.0 of the Terms.
7.1 If any provisions of these Terms is held to be invalid or unenforceable, the remainder of the Terms shall be enforced to the maximum extent possible.
7.2 These Terms, together with any other order specific terms and conditions agreed to in writing between PÖ DERMA and you prior to your order being placed, constitute the entire Agreement between the parties, supersede any previous agreements or understandings, and may not be varied other than by written notice from PÖ DERMA. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
7.3 The Terms and all sales of goods though the Website shall be governed and accrued in accordance with the laws of the Province of Quebec, and the federal law of Canada as applicable.
8. Company Information
PÖ DERMA INC.