NorthWestPharmacy.com Customer Agreement & Terms and Conditions

Introduction

The following Customer Agreement (“Agreement”) represents the terms and conditions (the "Terms") that govern the submission of orders (“Orders”) for, and the purchase and use of, the products (the "Products") and services (the "Services") by the customer (the “Customer”) from and through NorthWestPharmacy.com. By placing an Order for Products and Services, each Customer agrees to be bound by and accepts these Terms.

The Customer confirms to NorthWestPharmacy.com (“NWP”, which term includes it’s parent company, its representatives and agents) that they are of the age of 21 or older, and they hereby enter into this agreement (the "Agreement") with NWP intending to be legally bound. In the event the direct purchaser of NWP’s offered Products or Services is acting as an agent or representative for a person who is under 21 years of age or is otherwise acting on behalf of another individual, the agent/representative hereby confirms that they are the lawful agent or representative of that individual and agrees that any reference to the “Customer” herein applies to that individual.

Disclosure and Representations

Customer hereby represents and confirms to NWP, as well as to each of its affiliates, associates, related companies and each of their respective directors, officers, shareholders, employees, contractors, service providers, agents and representatives, successors and assigns (all such additional persons are hereafter collectively referred to as “Additional Entities”) that:

1. Customer is delivering this Agreement to NWP because they wish to place an Order(s) with NWP for certain Products which may include pharmaceuticals (the "Order"), on the Terms set out herein.
2. Any pharmaceutical(s), marked on the NWP website as requiring a prescription, to be delivered to the Customer in connection with their Order (the "RX Pharmaceutical(s)") were prescribed by a doctor licensed to practice medicine in the country, state or other applicable jurisdiction in which the Customer resides or where the Customer sought treatment.
3. The prescription(s) for the RX Pharmaceutical(s) (the "Prescription") was lawfully obtained by the Customer from that physician.
4. The Customer will use the RX Pharmaceutical(s) strictly according to the instructions provided by the physician who prescribed the RX Pharmaceutical(s).
5. The Customer can lawfully make their own medical decisions according to the law of the place where the Customer resides or, if applicable, the agent or representative of the Customer interacting with NWP is lawfully authorized to make medical decisions for the Customer pursuant to the aforementioned law.
6. The Prescription has not been altered in any way, nor has it been filled prior to submission to NWP. Upon request, the Customer agrees to provide their original Prescription to NWP, by courier or by mail. The Customer also undertakes to immediately destroy all copies of their Prescription once it has been filled.
7. The Customer is not relying on any medical information from NWP or the Additional Entities and the Customer has consulted a qualified physician licensed in the jurisdiction where they obtained the Prescription within the last year.
8. The Customer will immediately contact the physician who provided the Prescription in the event they suffer any unexpected side effects from any of the Products offered through NWP.
9. The Customer understands that it is their responsibility to have regular physical examinations by their primary physician in the jurisdiction they reside or seek treatment in and which physician is responsible for their care, including all suggested testing to ensure they have no medical conditions or problems that would constitute a contraindication to the Customer taking any of the Products purchased through NWP; and the Customer represents that they have had a physical examination by said physician within the last 12 months.
10. The Customer acknowledges that NWP and Additional Entities have relied on the information and documentation that the Customer is providing (including the Order, the Prescription and the Medical Profile) and the Customer represents and confirms that they have fully and accurately disclosed all pertinent information and documentation to NWP. The Customer agrees to immediately notify NWP of any changes to their physical or medical condition by providing an updated Medical Profile.

Authorization and Consent

11. The authorizations and consents that the Customer is providing herein to NWP commence on the date the Customer accepts this Agreement and will continue until the Customer revokes them. The Customer can revoke the consents and authorizations they have granted at any time by giving written notice to NWP.
12. The Customer hereby authorizes NWP and Additional Entities to take all steps and sign all documents on the Customer’s behalf to obtain a prescription in the country where the dispensing pharmacy/fulfillment center is located that is the equivalent of the prescription that the Customer sent to NWP (the "Equivalent Prescription") to the same extent that the Customer could do personally if the Customer was present taking those steps and signing those documents themself. This authorization shall include, but not be limited to, collecting personal health information about the Customer, collecting similar information from the Customer’s prescribing physician or pharmacist, and disclosing that personal health information to NWP, including without limitation a physician licensed in the country where the dispensing pharmacy/fulfillment center is located and any pharmacist for the limited purpose of obtaining the Equivalent Prescription and filling the Customer’s Order (said physicians and pharmacists are hereafter referred to as “Foreign Professionals”). The Customer further acknowledges and agrees to NWP’s Privacy Policy which is available at https://www.northwestpharmacy.com/privacy-policy.
13. Without limiting anything else herein, the Customer hereby gives NWP and Additional Entities consent and the authority to share their personal health information with Foreign Professionals and to obtain the Customer’s medical history, drug history, contact information and other necessary documentation from the Customer’s primary physician. The Customer further consents to the Foreign Professionals and the Customer’s prescribing physician being able to contact one another to discuss the Customer’s medical condition, as it pertains to the prescribing of their RX Pharmaceutical(s). The Customer understands that the reason for this consent is to provide the Foreign Professionals the full opportunity to conduct an independent analysis of whether the Prescription is appropriate and discuss any potential medical complications that might arise. The Customer further understands that their medical information will not be used for any other purpose and will be kept in strict confidence. The Customer further agrees to regularly visit their primary physician and to promptly advise NWP of any change to their medical condition or prescriptions.
14. Customer hereby specifically acknowledges that they are aware that NWP will receive and transmit the Customer’s personal health information by electronic means (for example fax, secure internet) to its employees, contractors, affiliates and service providers including the Foreign Professionals. The Customer understands that the use of electronic means is intended to enhance the efficiency and timeliness of processing their Order. The Customer also understands that NWP, as a custodian of their personal health information, will take reasonable and appropriate precautions to protect their personal health information from improper disclosure or use. The Customer hereby consents to NWP’s receipt and transmission of their personal health information by electronic means.
15. Customer authorizes NWP and Additional Entities, including any third-party pharmacy/fulfillment center contracted by NWP to fill their Order, to take all steps on the Customer’s behalf necessary to package or repackage the Products ordered and to deliver them to a designated postal service located outside of the United States to be delivered to the Customer, to the same extent as the Customer could do if they were personally present and taking those steps themself and Customer further instructs these same parties to make payment for any duties, tariffs or taxes, any related Customs clearance or brokerage charges (“Tariff-Related Costs”) and make any required disclosures to Customs regulatory authorities in relation to the Order.
16. The Customer understands and agrees that NWP shall take all steps NWP deems necessary to arrange for the shipping of the ordered Products to the Customer.
17. 
    
    1. The Customer acknowledges and agrees that they initiated contact and an Order with NWP and that NWP is not located in the jurisdiction where the Customer resides.
    2. The Customer instructs NWP to fulfill the Order from any of the third-party dispensing pharmacy/fulfillment centers contracted by NWP which are located in Canada, United Kingdom, New Zealand, Turkey, Mauritius, India and any other countries selected by NWP from time to time with Products that are manufactured in those and other countries worldwide.

Purchase and Sale Terms

18. NWP will bill me and debit the relevant payment method (ACH, bank account, payment draft or other accepted payment method) the following amounts in United States dollars: the price of the Products and Services ordered, any applicable shipping fee, any other applicable fees and Tariff Recovery Charge as posted in the checkout process on the NWP website prior to shipping my Order. Payments made by ACH, check or other draft which are returned as stop payment, canceled or for insufficient funds are subject to a $50 USD charge.

    Unless NWP has charged the customer its customary Tariff Recovery Charge, the Customer is separately responsible for Tariff-Related Costs. A Customer that pays the customary Tariff Recovery Charge on a particular order acknowledges that this charge is a standardized charge that supports compliance, customs processing, collection and tariff exposure across all orders and the charge may be more or less than the actual Tariff-Related Costs incurred by NWP on that particular order. NWP will not charge the Customer any additional amount with respect to Tariff-Related Costs on a particular order after the Tariff Recovery Charge for that order has been fully paid by the Customer even if NWP's actual Tariff-Related Costs exceed the Tariff Recovery Charge paid by the Customer.

19. The Products will not be packaged in child protective packaging, unless requested otherwise by the Customer in writing.
20. Title to any Product and the risk of loss passes from NWP to the Customer when the Product in the Order is received by the postal service (located in a jurisdiction outside of the United States) that is designated to deliver the Product to the Customer (“Foreign Postal Service”).
21. Orders are not binding on NWP. NWP reserves the right to refuse to assist the Customer in obtaining their Order, or any other order, in its sole discretion, in which event Customer will be entitled to a refund of monies paid for such Order. The prices of Products and Services are subject to change without further notice to the Customer.
22. NWP and Additional Entities do not provide any Services as a substitute for healthcare or the advice of the Customer's own physician(s) in the Customer’s home country or where they have otherwise selected to receive healthcare.
23. Unless specified otherwise herein, NWP will not exchange Products or return any monies paid once an Order is delivered to the Foreign Postal Service, unless there is an error in fulfillment of the Order due to the fault of NWP.
24. Notwithstanding anything else to the contrary herein, it is agreed that the relationship among NWP and the pharmacies/fulfillment centers dispensing the Customer’s Order and the Customer is that of independent contractors and there is no agency, partnership, joint venture or other similar relationships among any of the parties.
25. NWP shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, delays due to back-orders of requested Products, mail delays, customs delays, access to pharmacists or physicians or import refusal by regulators. NWP shall not be responsible for notifying the Customer in the event of such delays. Customer shall be solely responsible for alternate arrangements to acquire alternate Products and Services and any costs or damages incurred in connection with such purchases.
26. Prior to placing an Order NWP will beat the total shopping cart price, inclusive of shipping and fees for Services but excluding any applicable taxes, tariffs or duties and any related clearance or collection charges, offered online by a CIPA approved competitor international or Canadian pharmacy website (the “Lowest Price Guarantee”). Shipping methods must be the same when making the comparison. Competitor promotions, specials, US and Australian dispensed products, OTC, Rx veterinary products, Ozempic, Wegovy, Trulicity and CombiPatch are excluded. Competitor price quotes must be provided and valid at time of placing the Order to be eligible. Competitor must have Product in stock at their affiliated pharmacy. Notwithstanding anything to the contrary on the NWP website or herein, NWP’s Lowest Price Guarantee may not be exercised for certain products at NWP’s discretion, effective immediately and until further notice, due to shortages of various pharmaceutical products internationally, supply chain impacts, tariff policy uncertainty and various other factors. (The Customer will be informed whether the product(s) they wish to exercise the Lowest Price Guarantee on are subject to this temporary exemption when they call the NWP call center to request NWP beat a competitor price but please note that most products should generally not fall within this exemption. While the lowest price has always been a top priority to NWP, NWP is currently working around the clock to secure drug supplies and route orders to lower tariffed pharmacies which may require NWP to pay more than normal market rates for certain products, and this access is critical to the NWP patient base. Accordingly, NWP has suspended the Lowest Price Guarantee on a case-by-case basis until the wholesale market prices of certain in-demand pharmaceuticals stabilize and tariff policy uncertainty is resolved. At this time, NWP has to choose patient access over the lowest price for some products. NWP appreciates your understanding.)

Additional Terms

27. These Terms may not be altered, supplemented, or amended by the use of a Customer purchase order, e-mail, statements in a telephone call or similar means. Any attempt by Customer to alter, supplement or amend this document or to enter into an order for Products or Services that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and NWP. NWP may change these Terms at any time without prior notice at which point they will be binding prospectively on all Orders placed from the date of change of the Terms. These Terms supersede anything to the contrary on NWP’s website or in its brochures, booklets, newsletters or any other materials.
28. It is the responsibility of the Customer to understand and ensure compliance with any and all laws and procedures relevant to the import into their delivery destination of all Products in their Order.
29. NWP DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR DELAYS EXPERIENCED IN CUSTOMERS RECEIVING PRODUCTS OR SERVICES THAT HAVE BEEN PURCHASED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NWP WILL NOT BE LIABLE FOR DAMAGES ARISING FROM PERSONAL INJURY OR DEATH, LOST PROFITS, LOSS OF BUSINESS OR OTHER LOSS OR DAMAGE RELATING IN ANY WAY TO PRODUCTS OR SERVICES, WHETHER DIRECT OR CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSES OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, OR DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT INCLUDING, WITHOUT LIMITATION, FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM.
30. The Customer specifically acknowledges and agrees that any and all agreements reached or contracts formed throughout the course of their purchase of the Products and Services shall be deemed to be made in the Republic of Barbados. These Terms will be governed by and construed in accordance with the laws of the Republic of Barbados, without giving effect to any principles of conflicts of laws. All disputes, controversies or claims arising out of or in connection with these Terms shall be submitted to and subject to the jurisdiction of the courts in the Republic of Barbados. The parties submit and attorn to the exclusive jurisdiction of said courts to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with these Terms and their interactions with each other.

Upon submitting an Order for Products or Services with NWP, the Customer represents that they have read and understood the Terms set out in this Agreement and agree, on behalf of themself, their heirs, successors, administrators and assigns to be bound by these Terms.