Terms of Sale

GetRuffly (getruffly.com™) is the marketing division of the getruffly.com Group of Companies, operated by 2765565 Alberta Ltd. and affiliates, headquartered in Winnipeg, Manitoba, Canada.

Important: getruffly.com™ is not engaged in conducting sales, but rather engages in the business of facilitating sales transactions on behalf of authorized pharmacies both within Canada and internationally. getruffly.com™ is a referral and facilitation platform only. GetRuffly does not itself dispense medications, is not a pharmacy, does not prescribe medications, and is not a veterinarian or healthcare provider. Professional regulatory obligations rest solely with the licensed pharmacy and prescribing practitioner.

The following terms and conditions (the “Terms of Sale") are as between the getruffly.com™ authorized Pharmacy (the "Pharmacy") and you (the "Customer") regarding the products and services (the "Products") offered for sale by the Pharmacy. By accepting delivery of the Products described on a purchase order (an "Order"), the Customer agrees to be bound by and accepts the Terms of Sale.

Contract of Sale: Any contract of sale for Products made through the Site is strictly between the Customer and the Pharmacy. The Pharmacy is responsible for delivering the Products to the Customer under the terms and at the price specified in the Order. GetRuffly acts solely as a facilitator and agent in connecting the Customer with the Pharmacy, and is not a party to the underlying contract of sale between the Customer and the Pharmacy. Any terms, policies, or conditions included in any supplemental agreement between the Customer and the Pharmacy must not be inconsistent with these Terms of Sale.

THESE TERMS AND CONDITIONS APPLY TO ALL TRANSACTIONS, BOTH CURRENT AND FUTURE, INVOLVING THE PURCHASE OF PRODUCTS FROM THE PHARMACY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, GETRUFFLY, AS YOUR AUTHORIZED AGENT, WILL NOT BE ABLE TO FACILITATE YOUR PURCHASE OF PRODUCTS. IF YOU HAVE RECEIVED PRODUCTS WITH THESE TERMS AND CONDITIONS, AND YOU DO NOT AGREE TO BE BOUND BY THEM, YOU MUST RETURN THE PRODUCTS WITHIN 30 DAYS BY CONTACTING GETRUFFLY AT THE CONTACT NUMBER AVAILABLE ON ITS WEBSITE AT WWW.GETRUFFLY.COM (THE "WEBSITE").

By placing an Order through getruffly.com™, you confirm that you have read, understood, and agree to be bound by these Terms of Sale, our Terms of Use, and our Privacy Policy.

By placing an Order through getruffly.com™, you represent and warrant that:

1. you are of the age of majority in the province or territory in which you reside;
2. you have the legal capacity to enter into binding contracts;
3. you are authorized to place the Order on behalf of the pet owner (if ordering on behalf of another); and
4. all information you provide in connection with your Order is accurate and complete.

The Customer confirms that the animal for which the prescription is being ordered has been personally examined by a duly licensed veterinarian (the "Prescribing Practitioner") within the last 12 months, that a valid veterinarian-client-patient relationship exists, and that the Prescribing Practitioner has issued a prescription for the animal. The Customer represents that no additional physical examination of the animal is required for the purpose of fulfilling the Order.

getruffly.com™ will not accept any Order unless the Customer delivers the Prescribing Practitioner's original prescription to getruffly.com™ or unless getruffly.com™ receives the original prescription from the Prescribing Practitioner by facsimile.

The Customer shall authorize and appoint the Pharmacy as its attorney and agent, to take all steps, sign all documents and to act on its behalf as if the Customer was personally present and acting for itself for the limited purposes of (a) obtaining a legally valid prescription for any prescription which the Customer had sent to getruffly.com™; and (b) packaging the Customer's prescriptions and delivering them to the Customer.

The Customer's authorization shall include, but not be limited to, the collection of personal and personal health information and disclosure of such information to getruffly.com™, the Pharmacy, the physician, and any other health professionals being retained on behalf of the Customer, as required. The Customer's authorization may be revoked at any time and shall continue until the Customer revokes it.

getruffly.com™ may act on behalf of the Pharmacy to collect order information and/or payment. Orders are not binding upon getruffly.com™ until accepted in writing. The prices for the Products shall be as specified by the Pharmacy and as set forth in getruffly.com™'s website as at the time of acceptance of an order by getruffly.com™. Prices for Products shall be subject to change without further notice.

Credit terms are at the discretion and as specified by the Pharmacy and implemented by getruffly.com™, and unless otherwise specified in writing, payment must be received by getruffly.com™ prior to acceptance of an order. Payment for the Order may be made by a credit card accepted by getruffly.com™, wire transfer, bank draft, personal cheque, or money order.

If credit terms have been agreed to by getruffly.com™, invoices are due and payable within thirty (30) days after the date of the invoice. The Customer agrees to pay interest on all amounts past due at a rate of 18 per cent per annum, calculated on a simple (not compound) basis.

In some cases, getruffly.com™ has been retained to prepare and issue invoices on behalf of the Pharmacy. In such cases, separate charges for shipping and handling will be shown on the invoice(s). The Customer is responsible for goods and services tax, sales tax, and all other taxes associated with the Order, however designated, as required by the jurisdiction of the sale. If applicable, a separate charge for taxes will be shown on getruffly.com™'s invoice.

Delivery of the Product to the Customer takes place when the Product leaves the Pharmacy. After delivery, the Pharmacy will, as attorney and agent for the Customer, arrange for shipping of the Product to the Customer's home address. Normally, the Customer's Product shipment takes an average of 3 to 10 days to arrive.

In the event that the Customer's shipment is delayed past 28 days, and upon notice from the Customer, getruffly.com™ will arrange with the Pharmacy to replace the delayed shipment, and the Pharmacy will re-deliver and re-ship the Product to the Customer. getruffly.com™ is not liable for any damage to the Customer due to delay in shipment or failure of the Product to arrive within 28 days.

Risk of Loss: The risk of loss for all Products ordered through the Site passes to the Customer at the point of delivery, being the moment the Product leaves the Pharmacy. Prior to that point, the risk of loss remains with the Pharmacy, subject to the contract of sale between the Customer and the Pharmacy. This allocation of risk does not affect the Pharmacy’s obligation to replace delayed shipments as described above.

THE MANUFACTURER OF EACH PRODUCT IS SOLELY RESPONSIBLE FOR ANY WARRANTY ASSOCIATED WITH A PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GETRUFFLY.COM™ DISCLAIMS ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RESPONSIBILITY FOR CLAIMS IN RESPECT OF THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE TERMS OF SALE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO REPLACEMENT OF THE PRODUCT.

Consumer Protection Savings Clause: These Terms do not prejudice your mandatory statutory rights as a consumer. Nothing in these Terms of Sale excludes or limits any implied warranties or conditions that cannot be lawfully excluded or limited under applicable provincial Sale of Goods Acts or Consumer Protection Acts.

The Customer shall fully and accurately disclose their personal information and consent to its use by getruffly.com™. By submitting an Order to getruffly.com™, the Customer consents to the collection and use of personal information as described in our Privacy Policy published on the getruffly.com™ website. getruffly.com™ reserves the right to amend its Privacy Policy from time to time by posting the updated policy on its website. The Customer agrees to review the Privacy Policy each time it submits an Order.

getruffly.com™ and the Pharmacy do not accept return of Products for any credit unless the Products were dispensed in error contrary to the prescription or a delivery error occurred. getruffly.com™ reserves the right to amend its Return Policy from time to time by posting the updated policy on its website. The Customer agrees to review the Return Policy each time it submits an Order.

GetRuffly maintains a Recall Policy to address situations where a manufacturer or regulatory authority issues a recall for any Product facilitated through the platform. In the event of a product recall:

1. GetRuffly will make reasonable efforts to notify affected Customers promptly by email or telephone; provided, however, that where a product recall is directly caused by or occurs during a Force Majeure Event (as described in Section 20), such notification obligations shall be suspended to the extent the Force Majeure Event renders notification impracticable. Upon cessation of the Force Majeure Event, GetRuffly shall notify affected Customers as soon as reasonably practicable and in any event within 14 days. This carve-out applies only to the timing and method of notification and does not relieve GetRuffly of its underlying obligation to notify;
2. Customers should immediately discontinue use of any recalled Product and follow the instructions provided in the recall notice;
3. GetRuffly will coordinate with the Pharmacy to arrange for return, replacement, or refund of recalled Products in accordance with the manufacturer's recall instructions and applicable regulatory requirements; and
4. the current Recall Policy is available on the getruffly.com™ website and may be updated from time to time. The Customer agrees to review the Recall Policy each time it submits an Order.

getruffly.com™ may revise and discontinue the Products and Services displayed on the website at any time without prior notice.

It is important to note that not all of getruffly.com™'s services shown on the website are available in all provinces in Canada or in jurisdictions outside of Canada. The Food and Drug Administration has taken the position that virtually all shipments of prescription drugs imported from an international pharmacy by a United States customer will violate United States law. By placing an Order for Products or services, the Customer represents to getruffly.com™ and the Pharmacy that sale, delivery, and shipment of the Products will not violate any import, export, or other law or regulation in the Customer's home jurisdiction.

The Customer agrees that these Terms of Sale and any document incorporated by reference or referred to herein constitute the entire agreement between the Customer, getruffly.com™ and the Pharmacy pertaining to the subject-matter of these Terms of Sale, and supersedes, terminates and otherwise renders null and void all prior agreements, understandings, negotiations, contracts, proposals or requests for proposals, whether written or oral, between the Customer, getruffly.com™ and the Pharmacy. In the event of a conflict between these Terms of Sale and any of the documents incorporated by reference or referred to herein, these Terms of Sale shall govern.

The invalidity or unenforceability of any provision of these Terms of Sale shall not affect the validity or enforceability of any other provision hereof and any such invalid or unenforceable provision shall be deemed to be severable.

The Customer may not assign, transfer, or delegate any of its rights or obligations under these Terms of Sale without GetRuffly’s prior written consent. No assignment, transfer, or delegation shall relieve the Customer of any of its obligations hereunder. Any purported assignment in violation of this Section shall be null and void.

The section headings used herein are for convenience of reference only and do not form a part of these Terms of Sale, and no construction or inference shall be derived therefrom.

getruffly.com™ shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, delays due to backorders of requested products, mail delays, customs delays, lost shipments, pandemics, natural disasters, government actions, or failures of telecommunications networks (each, a “Force Majeure Event”). GetRuffly shall provide written notice of the delay (including the anticipated duration of the delay) to the affected Customer within ten (10) calendar days of GetRuffly first becoming aware of such Force Majeure Event. If the Force Majeure Event continues for thirty (30) calendar days or longer, the Customer shall have the right to cancel the affected Order without liability by providing written notice to GetRuffly. This cancellation right does not affect any obligation of the Customer that accrued prior to the Force Majeure Event. The Customer shall be solely responsible to make other arrangements to purchase alternative products and any costs incurred in connection with such purchases.

These Terms of Sale shall be governed by and construed in accordance with the laws of the Province of Manitoba and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. The Customer agrees that all disputes, controversies, or claims arising out of or in connection with these Terms of Sale shall be submitted to and be subject to the jurisdiction of the courts of the Province of Manitoba, Canada. The Customer submits and attorns to the exclusive jurisdiction of the courts of the Province of Manitoba to finally adjudicate or determine any suit, action, or proceeding arising out of or in connection with these Terms of Sale.

Any dispute arising out of or relating to these Terms of Sale or the purchase of Products shall be resolved in accordance with the dispute resolution provisions set out in Section 23 (Dispute Resolution and Arbitration) of our Terms of Use, which are incorporated herein by reference.

For greater certainty, the provincial carve-outs and class-action waiver provisions in the Terms of Use apply equally to disputes arising under these Terms of Sale.

Certain provincial consumer protection legislation (including The Consumer Protection Act (Manitoba), C.C.S.M. c. C200, Part XVI) may provide statutory cancellation or cooling-off rights for internet or distance sales contracts. To the extent any such statutory cancellation rights apply to your Order, those rights are preserved and nothing in these Terms of Sale limits or excludes them.

If you wish to cancel an Order, please contact getruffly.com™ through the Website as soon as possible. Orders that have not yet been processed by the Pharmacy may be cancelled without charge. Once an Order has been dispensed by the Pharmacy, cancellation is not available except as provided under applicable law or our Return and Refund Policy (Section 12).

By placing an order with getruffly.com™, the Customer has read and understands the terms and conditions as set out herein. The Customer represents that he/she consents to the Terms of Sale, and does so with full knowledge and without undue influence or duress. The Customer acknowledges that the Terms of Sale are readily accessible on a 24-hour basis from getruffly.com™'s website and shall be provided to the Customer in hard copy format upon request at any time. The Customer acknowledges having had every opportunity to obtain independent legal advice with respect to the Terms of Sale.

In the event of a conflict or inconsistency among the documents forming your agreement with GetRuffly:

1. the Terms of Sale prevail with respect to matters relating specifically to the purchase of Products and the facilitation of prescription transactions;
2. the Terms of Use govern general access to and use of the website;
3. the Privacy Policy governs the collection, use, and disclosure of personal information, and in the event of a conflict between the Privacy Policy and any other document with respect to personal information, the Privacy Policy shall prevail;
4. in any other conflict not addressed by clauses (a) through (c), the Terms of Sale shall take precedence over the Terms of Use to the extent of the inconsistency, except where the Terms of Use expressly provides otherwise or where mandatory consumer protection laws of the Customer’s province of residence require a different result; and
5. nothing in these documents shall be interpreted to exclude or limit any mandatory statutory rights you have under the consumer protection laws of your province of residence that cannot be lawfully excluded or limited by contract.