These terms and conditions of service (hereinafter referred to as the “Terms and Conditions”) are applicable to your access of the www.AVogel.ca website (hereinafter referred to as the "Site") and to your purchase of the products offered on the Site. Bioforce Canada Inc. which also trades under the name A. Vogel (“A. Vogel”), is the owner and operator of the services offered on the Site. The present Terms and Conditions are effective as of 08 Decemeber, 2008 and apply to all users.
1. TERMS AND CONDITIONS
You must read and accept all the terms of the present Terms and Conditions before using the Site. By accessing and ordering products from the Site, you signify your assent to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site.
We reserve the right to modify these Terms and Conditions at any time by updating the present Agreement. Any changes to the Terms and Conditions shall enter into force within thirty (30) days of their publication on the Site.
1.1. Health Disclaimer Notice
A. Vogel recommends that you consult with a healthcare professional prior to taking natural health products or discontinuing/changing your use of any medications. For any suspected or known illnesses or health conditions, always consult with a physician or another healthcare professional prior to the purchase or use of natural health products. The products offered by A. Vogel, in our stores or on our Site are not offered as a treatment or cure for any medical condition, but only as a nutritional support for the general wellbeing of our customers. The information on the Site is often provided in summary or aggregate form, and may not be construed as medical advice.
Information contained within the Site is not intended to diagnose, treat, cure or prevent any disease. The information on this website should not be used as a therapeutic modality or as a substitute for the advice of a healthcare professional, or as a substitute for any information contained in or on any product label or packaging. A. Vogel is not responsible for the misuse and/or abuse of any product sold as a result of a consumer using the Site, nor is A. Vogel responsible for any problems or difficulties which may arise though consumer use of products sold on the Site. The Site’s users and customers who fail to consult their health care professional prior to the purchase and subsequent use of any product, assume the risk of any adverse effects.
1.2. Eligibility Criteria of the Site’s Users
The services offered through the Site are available only to persons who have the legal capacity to contract, among others, without limiting the generality of the foregoing, our services are available only to persons aged 18 and over. If you are under the age of 18, you can use the Site only with the permission and under the supervision of your parents or your legal guardian. We also reserve the right to restrict the use of the Site to members who have been temporarily or permanently suspended. In addition, your account and your user name for the Site cannot be transferred, sold or assigned to a third party. If your registration is made on behalf of a corporation, you certify that you are a duly authorized representative of that corporation.
1.3. Fees and Services of the Site
Browsing and creating an account on the Site is free. We refer you to Paragraph 2.2 of the present Terms and Conditions for the service and delivery charges that are applicable to the purchase of products on our Site.
2. ORDER PROCESSING AND SHIPPING
2.1. Order Confirmation
Once you complete your purchase transaction, we will send you an order confirmation at the email address you provided us.
2.2. Product Information
THE PRODUCTS AVAILABLE FOR SALE ON THE SITE ARE AVAILABLE ONLY IN CANADA AND THE SITE IS DIRECTED ONLY AT CANADIAN CUSTOMERS. A.Vogel attempts to be as accurate as possible in describing all products available for sale. However, A. Vogel does not warrant that product descriptions or other content of the Site are accurate, complete, reliable, current or error-free.
A. Vogel offers shipping in Canada only. Products ordered are shipped via Canada Post, within 8 business days. The shipping charges are as follows:
For orders Under $79:
ON and QC $6.00
NS, NB, PEI, SK, MB, AB, BC $11.00
YK, NL, NT, NU $15.00
Orders Over $79 free shipping
2.4. Credit Card Charge
Your credit card will be charged only once the products ordered have been shipped. All credit cards must be valid and authentic and you must be authorized to use them. If the charge is not authorized or accepted, we reserve the right to cancel your order without any prior notice and with no further liability or obligation on our part. Please see Section 3 of the present Terms and Conditions for more information on the available methods of payment.
2.5. Order Changes or Cancellations
As our orders are processed electronically, it is not possible to make any changes to the shipping address through the Site once an order has been placed. Furthermore, orders cannot be cancelled or modified through the Site if the products ordered have already been shipped.
2.6. Obligation to Provide Current, Accurate and Complete Information
A. Vogel relies on the information furnished by you at the time of completion of your order to provide you with the products you order from the Site. Thus, you agree that (1) all information provided to us, including your name, address, shipping address, credit card number and expiration date, are current, accurate and complete; and (2) you are solely responsible for any loss, damage, cost or claims that you, A. Vogel or any other third party may suffer or incur as a result of your failure to provide current, accurate and complete information.
2.7. Returns and Exchanges
A. Vogel prides itself in offering only high quality products. Every effort is taken to assure that you receive your order in good condition, in a timely manner. If for any reason you are not completely satisfied with your products, you must return them to A. Vogel within thirty (30) days of purchase in order to be eligible for an exchange or a refund. Return shipments should be addressed to our retail centre in Dollard-des-Ormeaux, Québec:
DDO, Québec, Canada
3. METHODS OF PAYMENT
All prices and dollar amounts listed on the Site are in Canadian dollars. A. Vogel accepts Visa and MasterCard credit cards. Please note that some electronic transactions may require extended processing in addition to the credit card authorization.
All credit cards used for payment must be valid and authentic and you must be authorized to use them. If the charge is not authorized or accepted by your credit card company, we reserve the right to cancel your order without notice or liability from our part. We reserve the right to stop accepting credit cards from one or more issuers.
3.1. Sales Tax
In accordance with applicable provincial and federal laws, we are required to charge GST and provincial sales tax. The applicable sales tax is determined by the province of delivery and the GST is applicable to all taxable merchandise and services delivered in Canada. The appropriate sales tax amount will be displayed on the checkout section of the Site, prior to the completion of the purchase transaction.
3.2. Payment Security
Because we care about your satisfaction as a customer and understand you may have concerns about entering personal or credit card information over the Internet, we have installed security measures that employ state-of-the-art technology to guard against the loss or misuse of all personal information that is handled through the Site. Our servers use a security protocol called SSL (Secure Socket Layers) to ensure the transmission of your personal information takes place in complete security. SSL encrypts all information entered on the Site before it is transmitted over the Internet, which prevents the interception of data and ensures data integrity during electronic communications.
You are responsible for any actions taken using your user name and password, including fees charged to your account. We recommend that you never reveal your A. Vogel password to any third party. If you choose to share your user name and password or your personal information with third parties, you will be liable for any actions taken through your account. If you disclose your password, you may lose considerable control over your personal information and you may take the risk that legally binding actions be taken on your behalf. Thus, if the security of your password has been compromised, for whatever reason, you should immediately change it on the Site.
5. DISCLAIMER AND LIMITATION OF LIABILITY
5.1. SUBJECT TO THE WARRANTIES PROVIDED IN SECTION 4 OF THE PRESENT AGREEMENT, A. VOGEL DOESN’T (i) MAKE ANY REPRESENTATION OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SITE, ITS CONTENT AND THE PRODUCTS AND SERVICES OFFERED AND (ii) ASSUME ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF COMPLIANCE OR NON-INFRINGEMENT. FURTHERMORE, SUBJECT TO THE WARRANTIES PROVIDED IN SECTION 4 OF THE PRESENT AGREEMENT, WHEN USING OR WHEN SEEKING TO USE THE SITE, THE USER EXPRESSLY AGREES THAT A. VOGEL MAKES NO WARRANTY OR REPRESENTATIONS REGARDING THE SITE’S CONTENT: (i) NO WARRANTY OR REPRESENTATION IS MADE WITH REGARD TO THE CONTENT OF THE SITE AND WITH REGARD TO ITS UP-TO-DATENESS, ACCURACY OR COMPLETENESS; AND (ii) AS A SERVICE TO USERS OF THE SITE, A. VOGEL INCLUDES LINKS TO OTHER WEBSITES FOR WHICH A. VOGEL HAS NO CONTROL. A. VOGEL DOES NOT ENDORSE OR REPRESENT, IN ANY WAY WHATSOEVER, THE PRODUCTS, SERVICES, CONTENT OR ACCURACY OF THE CONTENT FOUND ON SUCH WEBSITES AND USERS IRREVOCABLY WAVE BY THE PRESENT AGREEMENT ANY CLAIM AGAINST A. VOGEL IN CONNECTION WITH SUCH WEBSITES.
5.2. A. VOGEL WILL IN NO EVENT BE LIABLE REGARDING THE SITE OR ANY OTHER RELATED WEBSITE, OR FOR USE OF OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, DELAY OF OR PARTIAL DELIVERY, WITH RESPECT TO ANY PARTY OR FOR ANY DAMAGE OR HARM ATTRIBUTABLE TO (INCLUDING AND WITHOUT LIMITATION) A BREACH OF CONTRACT, ERROR, OMISSION, OR FOR DAMAGE OR OTHER DAMAGES THEREFORE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OF INFORMATION MANAGEMENT, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES AND THAT, EVEN IF A. VOGEL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
5.3. ALTHOUGH A. VOGEL ENDEAVOURS TO MAINTAIN THE ACCURACY OF THE INFORMATION, ERRORS CAN BE PRESENT. IF A. VOGEL NOTICES AN ERROR, IT WILL BE CORRECTED AS SOON AS POSSIBLE, AND THE CUSTOMERS CONCERNED WILL BE ADVISED ACCORDINGLY.
6. TRADE-MARKS AND COPYRIGHTS
The names A. Vogel, AVogel.ca and Bioforce, as well as the logos associated with these names are trade-marks owned by Bioforce Canada Inc. or Bioforce AG Roggwill TG. Any use of these trademarks is strictly prohibited without the prior written consent of Bioforce Canada Inc. or Bioforce AG Roggwill TG. In addition, all names and trademarks belonging to third parties and appearing on the Site are the property of their respective owners and may be used only with the consent of their respective owners.
You can view and download the information contained on the Site for your personal use and not for commercial purposes. Any other use, modification or copying of the Site, in whole or in part, without Bioforce Canada Inc.’s prior written consent is prohibited.
You can contact A. Vogel :
DDO (Québec) H9B 2L3, Canada
To the attention of Customer Service
8. QUESTIONS AND CONCERNS
If you would like more information on the Terms and Conditions of the Site, please contact A. Vogel using the coordinates specified in Section 7. Please contact us with your questions and concerns and we will give our best efforts to assist you.
Should any provision of these Terms and Conditions be contrary to the law, void or unenforceable for any reason, that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity or the enforceability of the remaining provisions.
10. APPLICABLE LAW AND JURISDICTION
This Agreement and its interpretation are subject to the laws that are in force in the province of Quebec and in Canada without giving effect to any principles of conflicts of laws. The courts of the District of Montreal, Province of Quebec, have exclusive jurisdiction to hear any dispute related to this Agreement, including its interpretation and its effects.