and condition of sale
STATEMENT OF GENERAL TERMS AND CONDITIONS OF SALE
1. PRO-ACTIF offers its products and items subject to the general terms and conditions of sale in this statement.
2. THE PROVIDER
2.1. Pro-Actif is a company headquartered at: 871, chemin des Pionniers Est, Cap Saint-Ignace, QC G0R 1H0 in Canada.
2.2. The customer or any interested party can contact Pro-Actif: a) by telephone at the following number: toll-free 1 (877)545-1999, b) by e-mail at the following address: or c) via www.adn-telomeractive.com, to obtain information on the products or to place an order. The ADN-Téloméractives product is also represented in Europe – France, Switzerland – Asia and Russia.
2.3. Pro-Actif is registered for goods and services tax and sales tax purposes and has the GST account number 144640711R T001 and the QST account number 12022201306 TQ 003.
2.4. Pro-Actif, with its registered office in the town of Cap-St-Ignace (District of Montmagny), is the exclusive distributor of the DNA product, for which the company HBN “Human By Nature”, headquartered in Toulouse (F) and registered with the RCS under N0 789 900 743, has developed an innovative formula.
3. RECIPIENT OF THE PRICE OFFER
3.1. The ADN-TÉLOMÉRACTIVES offer is made only to natural persons who intend the products and items for strictly personal use.
3.2. The ADN-TÉLOMÉRACTIVE offer is not aimed at legal persons or persons who intend to sell the products in the course of a commercial or professional undertaking. The ADN-TÉLOMÉRACTIVE offer is also not aimed at persons who, according to the laws in force in their territory of residence, have not reached the age of 21 years.
4.1. The customer can place an order by email, by post or via www.adn-telomeractives.ca.
4.2. Orders are only valid if they contain all the information necessary for their processing. The information contained in the order form must be accurate, and particularly the name and address of the customer, the description and quantity of the products ordered and the delivery address. Incorrect information may disrupt and delay the delivery of the order.
4.3. The contract of sale is conditional upon receipt by PRO-ACTIF of the total price, taxes, transport costs and other sums due as a result of the sale and is only concluded if the valid order is registered by PRO-ACTIF. The order is registered after receipt in full of the payment, unless the customer chooses a cash on delivery payment for an $8 supplement (contact PRO-ACTIF). 4.4. PRO-ACTIF may refuse to sell to customers who have failed to pay in full or in part the price of any products or items already sold and delivered.
5. PASSWORDS AND ACCOUNTS
5.1. You are responsible for maintaining the confidentiality of the password used to access your account and for restricting access to your computer. PRO-ACTIF is not required to verify the true identity or authority of the user of a password and user name. PRO-ACTIF can rely on the authority of any person who accesses your account or uses your password and cannot be held liable for damages and expenses arising from or in connection with the unauthorized use of this account or password. You agree that you are responsible for all activities that take place in your account.
5.2. You agree to notify PRO-ACTIF immediately if the confidentiality of your account or password is compromised. PRO-ACTIF has the right to take any action it deems reasonable in this case, and it shall not be held liable for its acts or omissions in this regard.
5.3. PRO-ACTIF may cancel or suspend your account at any time for any reason whatsoever, without giving any notice to you or any other person, nor incurring any liability.
6. ONE-OFF PROMOTIONAL OFFERS
6.1. Promotional offers are limited to the price and/or products indicated on ADN-TÉLOMÉRACTIVES commercial documents, on the printed advertisement or on the website and subject to available stocks. Promotional offers are subject to the specific conditions governing them, with particular regard to their duration, which is always limited in time. After the end date, PRO-ACTIF cannot guarantee the availability of the products subject to these offers.
7. CONCLUSION AND CONTENT OF CONTRACTS
7.1. PRO-ACTIF invites all customers to read this STATEMENT of the general terms and conditions of sale, and each of the clauses appearing in it, when placing an order.
7.2. The clauses contained in this STATEMENT form an integral part of the contract between PRO-ACTIF and the customer following the customer’s order. The declarations and representations contained and made on websites to which hypertext links on the PRO-ACTIF website give access are not part of the parties’ contract and have no bearing on its interpretation. 7.3. The contract between PRO-ACTIF and the customer is formed by PRO-ACTIF’s acceptance of the order placed by the customer. The contract is formed when PRO-ACTIF communicates its acceptance to the customer; furthermore, the contract is formed at the PRO-ACTIF head office in Cap-Saint-Ignace, unless the customer is a consumer domiciled in Quebec, in which case the contract is formed at the customer’s place of residence.
7.4. In all cases, the contract binding PRO-ACTIF and the customer and any documents prior to the conclusion of the contract are governed by the laws in force in the province of Quebec, Canada, and, if the customer is a consumer domiciled in Quebec, by the Consumer Protection Act, LRQ, chapter P-40.1. PRO-ACTIF invites such customers to read articles 54.2 to 54.16 of this act. 7.5. The courts under the legislative authority of Québec have sole authority to hear any dispute or litigation between PRO-ACTIF and customers.
8.1. References on this Site to any third-party name, brand, product or service and hyperlinks to third-party sites or other information are provided solely as a service and do not constitute or imply any endorsement, sponsorship or recommendation by PRO-ACTIF of such third parties, information, products or services. PRO-ACTIF cannot accept any liability for the content of any third-party site and makes no declarations whatsoever about the content or accuracy of the material offered on such sites. If you decide to link to the website of any such third party, you do so at your own risk. Your use of these third-party websites is governed by their terms and conditions of use and privacy policies.
9.1. When ordering, the customer must indicate the delivery address clearly and precisely, including the apartment number. We are not responsible for wrong addresses. We reserve the right to charge shipping costs if packages are returned by the post office to PRO-ACTIF!
9.2. Shipping costs are $12.00 + taxes per order, except for special offers by PRO-ACTIF or AURIS, for which the shipping costs are indicated in the offer in question.
9.3. The terms and conditions of sale and prices published by PRO-ACTIF are for delivery from Cap-St-Ignace within Canada.
9.4. For deliveries outside Canada, the price is $12.00 for the USA and CAD$12.00 for the rest of the world.
9.5. The shipping methods are determined by PRO-ACTIF to best satisfy the customer.
9.6. The products are transported at the customer’s risk with a maximum guarantee of $120.00 or with an additional charge of $2.50 per $100 (please contact us). PRO-ACTIF undertakes to deliver to the customer as soon as possible, i.e. in most cases, excluding stock-outs, within 3 working days (Quebec) and at the latest within 62 days of registration of the order, which generally occurs on the day of its receipt by PRO-ACTIF.
9.7. However, if a product has not been delivered 62 working days after the above-mentioned maximum guide delivery date, in cases of force majeure, the product may then be rescinded at the request of either party; the purchaser may obtain a refund of their payment for the missing product.
9.8. The following are considered to be cases of force majeure relieving the seller of its obligation to deliver: war, riot, fire, strikes, accidents, inability to obtain supplies.
9.9. The seller will keep the buyer informed, in a timely manner, of any situations or events listed above.
9.10. In any event, delivery within the time limits can only take place if the buyer is up to date in their obligations to the seller, regardless of the cause.
10. AVAILABILITY OF AN ITEM
10.1. The announcement of an item on the PRO-ACTIF website does not guarantee that the item is available. The sale of an item similarly advertised is conditional on the availability of the item from the manufacturer who supplies PRO-ACTIF and the release of the batch.
10.2. If, following an order, an item proves to be out of stock for an extended period, PRO-ACTIF will immediately notify the customer of this situation. The customer then has the choice a) to withdraw the order, b) to maintain the order for a period indicated to PRO-ACTIF or c) to wait for the delivery of the item ordered.
11. QUANTITY OFFERED FOR SALE
11.1. PRO-ACTIF is not required to sell an item in the quantity listed on a customer’s order. PRO-ACTIF can agree to sell an item in a smaller quantity than the one on the customer’s order. PRO-ACTIF will immediately notify the customer if it agrees to sell an item in a smaller quantity than the one on the order. On receipt of this notification, the customer can choose to withdraw the order or agree to purchase the item ordered in the quantity offered by PRO-ACTIF.
12. SANTÉ CANADA
ADN-TÉLOMÉRACTIVES has a product license with NPN number 80076722 under company code 40772.
Pro-Actif also has Type I and II sale authorization for Auris Canada and i-Tech Medical Division (IACER).
14.1 ADN-TÉLOMÉRACTIVES marketed by PRO-ACTIF meet CE (European conformity) and Santé Canada standards.
14.2. The product is manufactured in France, in a pharmaceutical environment, and approved by the French National Agency for the Safety of Medicines (ANSM).
14.3. The product benefits from pharmacotoxicology and pharmacogenetic analysis carried out according to the TOXEM, INSTITUT PASTEUR LILLE and LX REPAIR best laboratory practice. The available data is consistent with the safety of the product.
15.1. Product descriptions, declarations, guarantees and performance claims are made by independent laboratories. The supplier has sole responsibility for the accuracy of these declarations. Although this Site aims to be accurate with respect to the descriptions of the products it presents, Pro-Actif does not declare or guarantee that the product descriptions or other Content of this Site are accurate, complete, reliable, up to date or free of errors. If, in your opinion, a product you purchase does not match its description, your only recourse is to return it in accordance with PRO-ACTIF’s return policy.
16. PRECAUTIONS BEFORE USE
16.1. PRO-ACTIF invites the customer to contact their doctor before using the product they have purchased to confirm there are no contraindications and to seek advice based on their medical situation. ADN-TÉLOMÉRACTIVES is not recommended for cardiac patients, pregnant women or anyone with allergies to seafood products.
16.2. ADN-TÉLOMÉRACTIVES is not a substitute for medical treatment, so the customer is encouraged to continue any medical treatment in progress or to start any treatment prescribed or recommended by the doctor.
17. PRECAUTIONS FOR USE
17.1. Customers must handle the products with care and attention.
Customers must keep the product out of reach of children. E
PRO-ACTIF declines all responsibility for the medical consequences of the products sold, and the customer is solely responsible for their use with a maximum intake of 7 DNA tablets per day. This disclaimer releases PRO-ACTIF from all liability.
18. LIABILITY WAIVER
18.1. PRO-ACTIF shall not be liable for any loss suffered by the customer as a result of its failure to perform an obligation, if the failure results from a case of force majeure.
18.2. PRO-ACTIF shall not be liable for any loss suffered by the customer as an indirect result of its failure to perform its contractual obligations.
NATIVE AMERICANS MUST CONTACT US TO PROVIDE THEIR BAND NUMBER FOR EXEMPTION FROM PROVINCIAL TAXES
19.1. The price of the items and products sold to the customer is payable when the order is placed. The customer has the option of paying the price at the time of delivery, but this option requires the customer to pay an additional charge of $8.00.
19.2. In the absence of HST conditions to the contrary, all items sold are subject to the federal goods and services tax (GST) and the Québec sales tax (QST). At the time of publication of this statement, the rate of GST is 5.00% and that of the QST is 9.975% for Quebec, with HST that is modifiable depending on the Canadian province. Outside Canada, no taxes are payable.
19.3. Sums remaining unpaid on their due date generate interest calculated at the rate of twenty-four percent (24%) per annum (2% per month) from the due date.
19.4. All sums due to PRO-ACTIF are payable in Canadian dollars by cheque, debit card, credit card, PAYPAL, Western union or money order.
20. RESERVATION OF TITLE
20.1. PRO-ACTIF retains ownership of all products or items sold until full payment of the sale price is received; consequently, the customer may not sell or otherwise dispose of products or items whose price has not been paid in full without prior written permission from PRO-ACTIF.
20.2. From the moment of delivery, the customer bears the risk of loss of the purchased items and products unless they have insurance.
21. OPTION OF WITHDRAWAL – EXCHANGES AND REFUNDS
21.1. On receipt of the products, the customer must check their quantity, condition and compliance with the order. Notify the transport company immediately upon receipt if any damage has been caused during transport. Requests for exchanges must accompany the returned products, and will only be processed after PRO-ACTIF has received the original products in good condition, complete, without any traces of use and in their original packaging. When a customer returns an item they have paid for and requests a refund, the following terms and conditions will apply:
21.2. Product returned at the customer’s initiative: refund of the product and shipping costs in full, with return expenses payable by the customer. Product returned under PRO-ACTIF’s responsibility: refund of the product, shipping costs and any return costs (based on Canada Post costs).If the product price is less than the price of the returned product, the customer will receive a refund of the price difference or a credit note valid for 6 months on items from Pro-Actif, Auris Canada or i-Tech Medical Division. If the product has not been returned within fifteen days, any subsequent complaints made by the customer will not be enforceable against PRO-ACTIF and PRO-ACTIF will not be held liable.
EXCHANGES 21.3. Gifts subject to a purchase amount will only remain the property of the customer if the order amount is equal to or greater than the minimum required following the refund of one or more items.
22. Partner Shops
22.1 PRO-ACTIF authorizes Partner Shops, PHARMACIES, NATURAL PRODUCT SHOPS AND HEALTH WORKERS to sell all PRO-ACTIF, AURIS and I-TECH MEDICAL DIVISION products, but as stores may not stock all our products we recommend contacting them before your visit.
22.2. If you wish to sell our ADN-TÉLOMÉRACTIVES, AURIS or i-Tech Medical Division products (IACER), you must contact us.