Terms and Conditions – Eastern Currents

EASTERN CURRENTS LTD. WEBSITE TERMS AND CONDITIONS

Please read these Terms and Conditions carefully; this forms a legally binding agreement between you and Eastern Currents Ltd. (“Eastern Currents”) and contains important provisions regarding return policies, liability, warranties and indemnities. By using the Eastern Currents website (the “Website”), or by placing an order for any of the products or services available on the Website (collectively, the “Product”), you agree, without limitation or qualification, to be bound by these Terms and Conditions (this “Agreement”) and such other additional terms, conditions, rules and policies that are referred to herein, each of which forms an integral part hereof and is hereby incorporated by reference. All accounts are approved based on the information supplied by the applicant. Eastern Currents will not be held liable for any falsified or inaccurate information provided, or any other damages or losses incurred as a result.

Purchases. All orders and purchases (each an “Order”) made through the Website are subject to all of the provisions of this Agreement, including the following:
1. Purchase Process. When you place an Order,
  1. the Website will generate a draft purchase invoice for you to review, which will contain a detailed description and itemized purchase price of each of the Products purchased, your contact particulars, your terms of payment and the selections you have made in your purchase, the taxes, shipping charges and any applicable discount rates,
  2. your method of payment will be authorized with the purchase price of the Invoice total. Prior to authorizing your purchase amount, a small pre-authorization of $0.50CDN is sent to all new credit cards. The funds held for this validation will be released in a few days,
  3. the total purchase price, including all taxes, shipping charges and discounts to the purchase price, as well as shipping dates and delivery times will be set out on the final invoice that will be sent to you with your shipment (the “Invoice”), and
  4. your method of payment will be charged the actual Invoice amount.
2. Sales Tax and Shipping Charges. The Invoice will include, and Eastern Currents will collect, HST in the applicable provinces, and provincial sales tax if you reside in British Columbia, and Goods and Services Tax if you reside in provinces in Canada without HST, but you are solely responsible for all other sales taxes or other taxes, if any, on Orders shipped to you. You agree to pay the actual amount of such taxes and shipping charges.
3. Acceptance. Eastern Currents will have no obligation under an Order until the Order is accepted by Eastern Currents in its sole discretion. When you place an Order, you may receive automatic order confirmation, which does not constitute such acceptance. Acceptance will be deemed to have occurred when Eastern Currents sends you the Invoice or ships your Product. When accepting Orders, Eastern Currents reserves the right to supply less than the quantity of Product ordered (and may reduce the purchase price accordingly).
Return Policy. No refunds will be provided. Product may only be returned for exchange or credit with Eastern Currents, and only in accordance with the following provisions:
1. Exclusions. There are no returns on herbs, books, charts, cupping supplies, PPE, apparel, software, CDs, DVDs or clearance items.
2. Return Process. All Product returns must have prior authorization. If authorized, you will receive a Return Authorization Number, which must be clearly written on the exterior of your return package. In addition, you must place a copy of the Invoice or the number of the Invoice in the package together with the returned products. You are responsible for the shipping costs of returning product to Eastern Currents. To the extent possible, you must return Product to Eastern Currents unused, undamaged, unmarked, in its original condition and in unopened packaging.
3. Restocking Fee. Eastern Currents will charge a 15% restocking fee against any exchange or credit if it reasonably determines that any returned items are not damaged or were not shipped in error.
Missing or Incorrect Product. If there is an issue with your Order involving missing Product or incorrectly shipped Product, you must contact Eastern Currents’ office at orders@easterncurrents.ca within three days of your receipt of the shipment. Incorrect Product must be returned to Eastern Currents unused, undamaged, unmarked, in its original condition and in unopened packaging. Eastern Currents will have no obligation to accept returns/provide credit for missing or incorrect product for which you do not provide notice within such three day period or if it is used, damaged, marked, opened or not in its original condition.
1. Deadlines. Except for missing or incorrect Product, returns fully compliant with these provisions must be physically received by Eastern Currents within 30 days of the purchase date shown on the Invoice. If not received by such date, returns will not be accepted. Eastern Currents is not responsible for any delayed or lost shipments.
Cancellations. Eastern Currents will work quickly to ship out your products; accordingly, if you wish to cancel your Order, you must do so within two hours of placing your Order, and the following provisions apply:
1. Cancellations after Shipment. If you cancel your Order after Eastern Currents has shipped it, or if you refuse to accept delivery of an Order that has shipped, it will be treated as a return and you will be responsible for return shipping and restocking fees.
2. Cancellation of Seminars. For seminars, specific cancellation rules apply. If you cancel your registration more than one month before the course, you will receive a refund of your course fees less a $50 administration fee. If you cancel your registration between 2-4 weeks before the course, you will receive a refund of your course fees less 50%. If you cancel your registration within two weeks of the course there is no refund of your course fees. Some courses may have different cancellation dates, please check the registration form for specific dates relating to the particular courses you are ordering.
Shipping and Delivery. All Product will be delivered to the address you have provided and will be shipped using the method of shipping that you choose when placing your Order. Please review the Invoice carefully before submitting your Order.
Restricted Products. Certain Product is identified on the Website as being restricted for sale only to qualified health practitioners (“Restricted Product”), and Eastern Currents will require that you establish your status as a qualified health practitioner when you order a Restricted Product. The use of any Restricted Product by anyone other than a qualified health practitioner is strictly prohibited and may be regulated by the laws of your jurisdiction. By ordering Restricted Product, you represent and warrant to Eastern Currents that you are a qualified health practitioner to whom the sale of such Restricted Product is permitted by the laws of your jurisdiction. You accept full responsibility for the safe and proper use of Restricted Product, and you agree to indemnify and hold Eastern Currents harmless from any claims, losses, liabilities, damages (including legal costs) against Eastern Currents by any person in any way connected with the ultimate use of the Restricted Product or your purchase of the Restricted Product. Eastern Currents reserves the right to verify any information you have provided to it in connection with Orders and, if appropriate, cancel Orders or otherwise investigate irregularities.
1. Herbal Agreement for Practitioners: By agreeing to these terms and conditions, you attest to all of the following:
  1. You have sufficient training to safely administer and monitor the use of pre-prepared herbal products sold by Eastern Currents, and that the use of the controlled product falls within the laws of your jurisdiction.
  2. You assume full responsibility for the use and distribution of the item and hold Eastern Currents harmless from any liabilities, damages, or related losses that occur as a result of the improper use or distribution of the product.
  3. Herbal products supplied by Eastern Currents are not to be sold over the counter, nor are they to be placed in public spaces such as a retail store or open shelving. On-line sales from your personal website may be granted for only for specific general use products that are not TCM related. Private prescription portals used by the clinic must require practitioner control with patient private login.
  4. Any online dispensing systems are compliant with the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA).
  5. Products are to be stored in a secure environment that does not permit public access.
  6. Products are to be stored at an appropriate room temperature (18 to 28 degrees Celsius).
  7. For regulatory purposes, and if necessary, any recall process, that you have and maintain documentation to record lot numbers for incoming supplies. Additionally, you agree that you will record and track to whom sales of received products were sold to, in the course of your day to day clinic operations.
  8. Eastern Currents maintains the right to cancel the selling of herbal products to practitioners at any time, with or without advanced notice.
2. Herbal Agreement for Health Dispensaries/Store Re-sellers: By agreeing to these terms and conditions, you attest to all of the following:
  1. You and your store have a policy in place to manage and dispense prescriptions.
  2. Your policy includes a process by which a practitioner registers with your facility, and s/he has been approved for providing prescriptions for patients.
  3. You assume full responsibility for the use and distribution of the item and hold Eastern Currents harmless from any liabilities, damages, or related losses that occur as a result of the improper use or distribution of the product.
  4. Herbal products supplied by Eastern Currents are not to be sold over the counter, nor are they to be placed in public spaces such as a retail store or open shelving. On-line sales from your personal website may be granted only for specific general use products that are not TCM related.
  5. Private prescription portals used by the clinic must require practitioner control with patient private login.
  6. Any online dispensing systems are compliant with the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA).
  7. Products will be stored in a secured environment that does not permit public access.
  8. Products will be stored at an appropriate room temperature (18 to 28 degrees Celsius).
  9. All accounts are pre-approved based on the information supplied by the applicant. Eastern Currents will not be held liable for any falsified or inaccurate information provided, or any other damages or losses incurred as a result.
  10. Approval is granted to the Dispensary/Pharmacy at the specific clinic or business location used in the registration process. Eastern Currents’ products, in part or in whole, are only to be sold at the certified location; their sale at any other location is strictly prohibited.
  11. Eastern Currents maintains the right to cancel the selling of herbal products to dispensaries and store resellers at any time, with or without advanced notice.
Currency. All prices listed on this website are in Canadian dollars and all charges will be processed in Canadian dollars.
Disclaimer. Eastern Currents is not responsible for any errors or omissions in Product descriptions or prices or any other typographical errors that may be present on the Website. The use of products, names, logos and marks of other persons does not imply any connection between Eastern Currents and the rightsholder and each such right belongs to such rightsholder.
Amendments. Eastern Currents may change this Agreement from time to time without prior notice, at its discretion, so please ensure that you regularly review this Agreement.
Privacy Policy. The use of the Website is subject to the Eastern Currents Privacy Policy available here (the “Privacy Policy”), which forms an integral part of this Agreement. Please review the Privacy Policy carefully before proceeding. Eastern Currents will only use personal information you have provided in accordance with its Privacy Policy.
Health Information. Eastern Currents may make available certain information related to, without limitation, medicine and other health related matters (collectively, the “Health Information”). The Health Information is provided for educational and informational purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. You agree that Health Information obtained on the Website will not replace consultations with qualified professionals and that you are not relying on same. You agree that you assume all risks associated with the use of, or reliance on, any of the Health Information. You further agree that Eastern Currents shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Health Information.
Proprietary Rights. All right, title and interest in and to the Website and all materials and content, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data source code, processes, designs, technologies, URLs, domain names, marks and logos and any other work forming any part of (or made available on) the Website (collectively, “Eastern Currents Content”) is fully vested in Eastern Currents, its licensors or its suppliers and are protected by applicable copyrights, trade-mark rights, patent rights, trade secrets or other proprietary rights and laws. Nothing in your use of the Website or this Agreement grants you any right, title or interest in or to Eastern Currents Content except the limited right to use the Website and conduct business on the Website. Unless otherwise expressly authorized by us in writing, you agree not to
1. copy, modify, rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in Eastern Currents Content;
2. use any Eastern Currents trade-marks, logos or names without Eastern Currents’ prior written consent.
3. distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code, of Eastern Currents Content, to the maximum extent that such prohibition is permitted by applicable law;
4. remove any proprietary notices or labels on or in Eastern Currents Content, or
5. allow any other person or entity to engage in any of the foregoing.
Warranties and Liability. Eastern Currents represents and warrants that shipped Product will be free from material or workmanship defects for 30 days from the date Eastern Currents ships the Product. Certain Product may have additional warranties by the manufacturer. All information provided on the Website is “as is” and “as available” without warranty of any kind, either express or implied. Eastern Currents will not be responsible for any error or omission in the Website or the Eastern Currents Content. Except as expressly set out in this agreement, Eastern Currents makes no conditions, warranties or representations about the suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness or accuracy of any products or services supplied under this Agreement, offered on the Website or purchased by you from Eastern Currents. Eastern Currents expressly disclaims all other conditions, warranties and representations, express, implied or statutory, including implied conditions or warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement, howsoever arising, including by usage of trade, by course of dealing, by course of performance, at law, in equity, or by statute.
Limit of Liability. Notwithstanding any other provision of this Agreement, in no event will Eastern Currents be liable in connection with the Website, this Agreement, the Eastern Currents Content, or any Product purchased by you
1. for any indirect, special, incidental, consequential or punitive damages , including damages for loss of profits, goodwill, opportunity, earnings, use or data, regardless of whether Eastern Currents has been advised of the possibility of such damages, or
2. for any direct damages, in aggregate, exceeding the amount you have actually paid for the Product purchased by you from Eastern Currents in the preceding twelve months.
Entire Agreement. This Agreement, together with the Invoice, Privacy Policy and other rules and policies that are referred to herein, constitute the entire agreement between Eastern Currents and you, and supersede any and all written and oral agreements previously existing between us with respect to this subject matter.
Contact Information. Eastern Currents’ contact information is as follows:
Eastern Currents Ltd.
9109 Shaughnessy Street
Vancouver, BC V6P 6R9
Phone: 1-800-667-6866 (Toll Free) or 604-263-5042 (Local)
Fax: 1-877-660-6866 (Toll Free) or 604-263-8781 (Local)
E-Mail: orders@easterncurrents.ca
Interpretation. In this Agreement, (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of this Agreement, (ii) the word “including”, the word “includes” and the phrase “such as”, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected, and (iii) all references to website addresses or URLs shall also include any successor or replacement websites containing substantially similar information as the referenced website(s).
Severability. If any term or provision of this Agreement will be found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, it will not affect the other terms or provisions hereof or the whole of this Agreement, but such terms or provisions will be deemed modified to the extent necessary in the court’s opinion to render such terms or provisions enforceable, and the rights and obligations of the parties will be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements of the parties herein set forth.
Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia. You hereby irrevocably consent to the exclusive jurisdiction of the courts of the Province of British Columbia in connection with any matter arising under this Agreement. You and Eastern Currents expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement.
Limitation Period. Any cause of action you may have with respect to this Agreement must be commenced within one year after the claim or cause of action arose, or it shall be barred.
English Language. The parties have requested and agree that this Agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soinet rédigés en anglais.