Terms and Conditions - My Sunshine Canada
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Terms and Conditions

By using this site, the user agrees to Terms and Conditions:

The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy.

If you do not agree to the Terms and Conditions or our Privacy Policy, you are not authorized to access our website, use any of our website’s services or place an order on our website.

We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice.

Terms of Sale, Billing Terms and Conditions

By placing an order you are offering to purchase a product on and subject to the following terms and conditions.

A) All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

B) In order to contract with My-Sunshine.Ca you must be over 18 years of age and possess a valid credit card issued by a bank acceptable to us. My-Sunshine.Ca retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be My-Sunshine.Ca or may in some cases be a third party. Where a contract is made with a third party My-Sunshine.Ca is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

C) Our Contract 
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

D) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. We may also, at our own discretion cancel your order with notice. A full refund will be issued immediately. If you cancel and you have already paid for the goods, you will receive a full refund. 

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total'.

E) Payment 
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

No Subscriptions, No Recurring Fees

My-Sunshine.Ca neither provides for nor offers or requires subscriptions. Every sale is a one time event, as per rules set forth in Terms of Sale above. We sell no memberships.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

This website is provided as a service.

Nothing written, discussed or portrayed on the site constitutes prescription, diagnoses, prognosticating or treatment of any disease or a medical condition or a substitute for consultation with a competent health professional. You are strongly advised by  to seek the advice of your doctor concerning any ailment, disease, medical condition or overall health level or when starting or considering to start a supplement program of any kind.

The materials contained on this website are provided for general information purposes only and do not constitute legal, medical or other professional advice on any subject matter. My Sunshine Canada does not accept any responsibility for any loss which may arise from reliance on information contained on this site.

This website and its contents are provided "AS IS". None of the information provided on the site is to be considered a representation or warranty of any kind whatsoever, whether express or implied, including without limitation any warranty as to merchantability or fitness for a particular purpose, or non-infringement. 

Information on this site is provided for instructional purposes and is not meant to substitute for the advice provided by your own physician or other medical professional. You should not use the information contained herein for diagnosing or treating a health problem or disease, or prescribing any medication. We strongly suggest that you read product labels carefully prior to use.

Information and statements regarding dietary supplements have not been evaluated by Health Canada and are not intended to diagnose, treat, cure or prevent any disease.

Access to Website

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at http://my-sunshine.ca/pages/privacy-policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Return Policy

Our return policy, which sets out how we will accept returns and issue refunds, can be found at http://my-sunshine.ca/pages/returns-policy.  By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Ordering Policy

Our ordering policy, which sets out how we will accept orders and provide deliveries, can be found at http://my-sunshine.ca/pages/ordering-policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Images

You agree that all images included in the content are provided for illustration only and may not reflect the actual product image.

Links

This website may contain links to other sites that are not controlled or operated by My-Sunshine.Ca. Once you access another site, you are subject to the policies, terms and conditions, including the privacy policy at the new site. Any links are provided as a service to you, and My-Sunshine.Ca does not endorse and is not responsible for the content or policies of any other sites.

Accuracy of Information

While the information contained within the site is periodically updated, no guarantee is given that the information provided in this website is correct, complete, and/or up-to-date.

Copyright and Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of My-Sunshine.Ca or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by My-Sunshine.Ca and its licensors.

Permission is hereby granted for the downloading and temporary storage of one or more of these pages for the purpose of viewing on a personal computer. The contents of this site are protected by copyright under international conventions and, apart from the permission stated, the reproduction, permanent storage, or retransmission of the contents of this site is prohibited without the prior written consent of My-Sunshine.Ca

Reproduction, distribution, republication, and/or retransmission of material contained within this website are prohibited unless the prior written permission of My-Sunshine.Ca has been obtained.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with My-Sunshine.Ca and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to My-Sunshine.Ca.

Variation

My-Sunshine.Ca shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Errors and Omissions

Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.

We do not undertake to update, modify or clarify information on our website, except as required by law.

The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Disclaimer and Limitation of Liability

In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

Indemnification

You agree to defend and indemnify us, and hold us and our affiliates harmless,, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

Entire Agreement

The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

The above Terms and Conditions of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and My-Sunshine.Ca. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of My-Sunshine.Ca.

Waiver

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

 

Reviewed and Updated:  Nov 16, 2016