Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Upaya Naturals is a division of 2083522 Ontario Inc.
Health Disclaimer Notice
2083522 Ontario Inc., operating as Upaya Naturals, recommends that you consult with a healthcare professional prior to taking any nutritional supplements or discontinuing/changing your use of any medications. For any suspected or known illness or health concern always consult with a physician or healthcare provider prior to the purchase or use of any health related product. The products offered by Upaya Naturals in our store and online are not offered as a treatment or cure for any medical conditions, but only as nutritional support for various health concerns. The products, information, services and other content provided on and through this site, including without limitation any products, information, services and other content provided on any Linked Site, are provided for informational purposes only to facilitate discussions with a healthcare professional regarding treatment. The information on this website is often provided in summary or aggregate form, and may not be construed as medical advice or instruction. All information and product descriptions on this website are provided for educational purposes only. No action should be taken solely on the content of this website, regardless of perceived scientific merit. Users should consult their health care professionals on any matter related to their health.
Information contained within this site, from Upaya Naturals and/or its affiliates, has not been evaluated by Health Canada or the FDA in the United States, and 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. Any information presented herein, or information received via telephone or email, should not be construed as the practice of medicine. Upaya Naturals is not responsible for the misuse and/or abuse of any product sold as a result of a consumer using this website, nor is Upaya Naturals responsible for any problems or difficulties which may arise through consumer use of products sold by Upaya Naturals. Website users, previous and future 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.
Shipping
Your shipping rates are displayed in your shopping cart and at the time of check-out . You may choose the appropriate rate that applies to you. If you choose "Pickup", Upaya Naturals will contact you to make arrangements for you to pick up you product(s) at our Toronto location.
Free shipping applies to items with the free shipping logo  .
Free shipping items are sent via Expedited Service. If you would like a faster service, pick which method you would like and once we have manually calculated the difference in shipping to upgrade the delivery service, we will contact you with the additional amount. As with all orders you will be sent a tracking number from us and Canada Post once your order has shipped. **If a free shipping item is added to the shopping cart along with other
items that do not have free shipping, shipping charges will be applied to the
extra item(s).**
Canadian orders are shipped via Canada Post from our warehouse in Toronto, Ontario, Canada usually by the next business day from the time of payment. Canadian residents should receive orders within 10 business days (usually within 5).
American orders are most often sent by Canada Post/USPS from our warehouse in Toronto, Ontario, Canada usually within 24 hours. For any Canadian or US order, other shipping arrangements may be made with customer service if required. Delivery times will depend on the specific order, method of shipping, and location. Please contact us if you have questions about shipping for any order.
Shipping for all other international orders will be handled on case-by-case basis. International orders, including shipments to the USA, may be subject to import duties and/or taxes upon reaching the destination country. Any additional charges are the responsibility of the addressee as Upaya Naturals has no control over any foreign duty or additional taxes charged. Also, with regards to Customs, many of the food products offered by Upaya Naturals require substantial processing in order to get clearance into other countries (particularly the United States, requiring clearance from the FDA or US Customs). In some cases we will not be able to process these types of food item sales outside of Canada. Please note that order shipments returned to Upaya Naturals due to incomplete/incorrect postal information, failure to pay import taxes or custom duties, or refused entry by customs may be subject to a 20% restocking fee.
Some items/orders are particularly heavy or large. Therefore, shipping & handling rates cannot be honored for these items. In these cases (such as heavy orders, liquids, appliances, bulk foods, etc) Upaya Naturals will contact you with shipping cost options at which point you can choose the method that suits your needs, prior to processing the order. If your order is being shipped to a particularly remote location (the Canadian North for example), you may also be contacted with shipping information prior to order processing. Upaya Naturals may not be able to honour rates to Northern/remote locations. These shipping policies are to ensure that we can find the most economical method to ship orders for both Upaya Naturals and our customers. You will receive a tracking number via email once your order is shipped so that you may track your package online at www.canadapost.ca or by calling Canada Post directly.
Items that are returned to Upaya Naturals due to the wrong address being entered by the customer or due the customer refusing the items or not picking them up from the Postal Outlet when carded, will incur additional shipping charges and/or restocking and processing fees.
If an item is damaged due to shipping, is incorrect or missing, you must report this at the time of receipt to Upaya Naturals. Upaya Naturals will not be held responsible for any items that have not been reported within 7 days of receipt of your order from the Canada Post, from another courier, or from our pick-up location. If equipment is defective or needs repair and is covered by a Manufacturer's Warranty, please contact the manufacturer immediately.
Ordering, Exchange Rates, Tax and Payment Options.
All product pricing is listed by default in Canadian funds. If you are an American/International customer, your actual exchange rate will be set by your credit card carrier.
All Canadian residents are subject to GST, while Ontario residents are subject to both PST and GST. Taxes are not charged for residents of the United States or other residents outside of Canada.
We accept the following payments: Visa, Mastercard, American Express, Discover, PayPal, Certified Cheques and Money Orders. Certified Cheques and Money Orders must be negotiable in Canada. Sorry, but we do not accept personal cheques at this time.
Orders from upayanaturals.com are securely sent to our order desk where they are reviewed. Once the order and S&H have been verified and paid in full, your order will be processed and shipped.
At Upaya Naturals we try our best to keep our inventory up to date. In the rare case that there is an item that is out-of-stock or on back-order you will be notified and will have the option to receive a refund on that item or wait for the item to be restocked.
Refunds/Returns
All sales are final . We accept NO RETURNS and issue NO REFUNDS on all our products due to several reasons: proper handling, possible tampering, quality, freshness and liability. We have no way of knowing what someone does with the product once it is out of our hands. Therefore we never accept returns to ensure your safety, and your privilege of getting the freshest and best quality products available.
If equipment is defective or needs repair and is covered by a
Manufacturer's Warranty, please contact the manufacturer immediately.
If you have any issues or concerns regarding a product, please email or contact us by phone.
Manufacturer's Warranty
Some products offered by Upaya Naturals are backed by manufacturer's limited warranties. Any and all warranties for products purchased from Upaya Naturals are the responsibility of the respective manufacturers. All issues, claims and questions concerning product warranties should be directed to the appropriate manufacturers. No other warranty of any kind, express or implied is made by Upaya Naturals respecting products offered for sale. Purchasers assume all risk and liability resulting from the use of these products. If you receive a product that is defective, contact the manufacturer right away. Don't forget to register the applicable products with the manufacturer in order to qualify for the warranty.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Canadian and other copyright laws, and is the property of Upaya Naturals. The collective work includes works that are licensed to Upaya Naturals. Copyright 2003, Upaya Naturals ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Upaya Naturals or purchasing Upaya Naturals products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Upaya Naturals or to purchase Upaya Naturals products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Upaya Naturals. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Upaya Naturals used in the site are trademarks or registered trademarks of Upaya Naturals
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Upaya Naturals disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Upaya Naturals does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Upaya Naturals does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Upaya Naturals shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Upaya Naturals has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Upaya Naturals product is mistakenly listed at an incorrect price, Upaya Naturals reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Upaya Naturals reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Upaya Naturals shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Upaya Naturals without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Upaya Naturals may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Upaya Naturals.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the province of Ontario,Canada, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Upaya Naturals products) shall be in the provincial or federal courts located in Toronto, Ontario. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Upaya Naturals products) must be commenced within one (1) year after the claim or cause of action arises. Upaya Naturals's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Upaya Naturals may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Upaya Naturals or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Upaya Naturals does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Upaya Naturals is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Upaya Naturals reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Upaya Naturals in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Upaya Naturals, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Upaya Naturals may link to sites operated by third parties. However, even if the third party is affiliated with Upaya Naturals, Upaya Naturals has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Upaya Naturals. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Upaya Naturals seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
|
