General Terms and Conditions
These terms and conditions (the “Terms”) apply to the purchase of products through nuvior.com (the “Site”). These Terms are subject to change by NUVIOR (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Your continued use of this Site will constitute your acceptance of and agreement to the Terms.
1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
2. All products offered “as is”. All products offered on this site are provided “as is” without any warranty or condition whatsoever relating to, including, without limitation: 1) of merchantability, 2) of fitness for a particular purpose or, 3) against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise. You affirm that we shall not be liable, under any circumstances, for any breach or warranty or condition claims or for any damages arising out of the manufacturer’s failure to honour its warranty obligations to you.
3. Mis-orders. Any product that a customer mis-orders will be accepted as a return within 30 days of the order. You are responsible for all return shipping fees and please note that there will be an 20% restocking fee each instance of mis-order.
4. Minimum Order Quantity. The minimum order requirement for clinic orders is $400. Regular ground shipping is prepaid with $500 or more. Orders under $500 are subject to $45 shipping and handling fee.
5. Prices and Payment Terms. All prices, service charges, discounts and promotions posted on this Site are subject to change without notice. The price charged will be clearly stated in your order confirmation email. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrences.
6. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own use only and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within Canada.
7. Shipments; Delivery; Title and Risk of Loss. We will arrange for shipment of the products to you, however, you will pay all shipping and handling charges (including shipping and handling charges associated with returns), and title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. As such, we are not liable for any delays in shipments.
8. Returns and Refunds. Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within fifteen (15) business days of shipment/delivery with valid proof of purchase and provided such products are returned in their original condition. Refunds are processed within approximately seven (7) business days of our receipt of your product. Your refund will be credited back to the same payment method used to make the original purchase on the Site. For products that expire, we will replace those products within 30 days of the expiration if the products were orders made in the last 6 months. Products will be replaced with like products online, no swapping of products. All returned products must be received by NUVIOR unopened and in re-sealable condition. No partial units will be accepted for credit and a patient reaction form must be filled out and returned to NUIVOR. Please note that prior authorization is required for all product returns and all returns are subject to a twenty (20) percent restocking fee.
10. Manufacturer’s Warranty and Disclaimers. We do not manufacture or control any of the products offered on this Site. Accordingly, we do not provide any conditions or warranties with respect to the products or services offered on our Site. However, the products offered on our Site are covered by the manufacturer’s warranty as detailed in the product’s description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.
11. Limitation of Liability. In no event shall we be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive or aggravated damages, lost products or revenues or diminution in value, arising out of, or relating to, and/or in connection with any breach of these terms, regardless of: 1) whether such damages were foreseeable, 2) whether or not we were advised of the possibility of such damages, and 3) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. Our sole and entire maximum liability, for any reason, and your sole and exclusive remedy for any cause whatsoever shall be limited to the actual amount paid by you for the products you have ordered through this Site.
12. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached the Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, regulations and policies related to the COVID-19 pandemic, acts of God, flood, fire, earthquake, tsunami, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
13. Governing Law and Jurisdiction. All matters arising out of or relating to the Terms are governed by and construed in accordance with the laws of the Ontario and the federal laws of Canada applicable therein.