Terms and Conditions
Thank you for having chosen BH BioScience Anti-aging Formula, which is owned and operated by BH BioScience ("The Corporation", "Ourselves", "We", "Our" and "Us"). Our website is intended for retail Customers only ("You", "Customer" and any derivatives such as "Your", "Yourself", "Yourselves"). Other terminology used on this site, such as "Party", "Parties" or "Us" refers to both the Customer and Ourselves, or either the Customer or Ourselves. Terms and Conditions of this website are referred to in their capitalized form. In order to avoid redundancy and clutter, the present terminology will apply to all other sections of our website. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same. Section headings are inserted for ease of reference only and shall not be used, nor are intended to be used to infer any particular meaning or any other inference.
By using this website, you confirm that you have read and hereby agree to all of the Terms and Conditions contained herein and namely governing use, sale and all applicable laws. This is solely intended to be used for lawful purposes. By using, browsing or otherwise accessing this website, you agree to be bound by any Terms and Conditions contained herein. In the event that you do not agree to the Terms and Conditions contained herein, you may not use, browse or otherwise access this site.
Changes and updates
You hereby understand that your use and access of this website shall represent your agreement to be bound to and to abide by the most current version of these Terms and Conditions, which are subject to review from time to time, at our absolute discretion. You agree to be bound by any subsequent amendments and updates to the Terms and Conditions and consequently, it is incumbent on yourself to review the contents of the latest version of said Terms and Conditions, simply by clicking on the link that appears on the bottom of the website. The act of continuing to use our website shall be interpreted to mean that you consent to the latest version of said Terms and Conditions.
This website's Terms and Conditions are governed by the laws of the Province of Quebec and of Canada. In the event where you are using the website in any other province of Canada or in any other country or jurisdiction, it is your sole responsibility to ensure that your access to the site and any contents are legal in the country or jurisdiction from which you access, view or use the site and its contents. This website and its contents are based in Canada and shall be deemed to be based in Canada whether or not the Corporation opts to have it hosted via a foreign jurisdiction from time to time, for purposes of practicality and convenience. We are a Canadian corporation conducting business from Canada, consequently, we assume no responsibility whatsoever for compliance with any foreign laws, regulations, ordinances, and rules. In the event that any laws, regulations, ordinances, and rules in your country or jurisdiction render any of our Terms and Conditions void in whole or in part, you agree to assume any risk and responsibility associated with such use, browsing or access of this website.
The Corporation makes no representation that its materials, information or products provided on or through this website are appropriate or available for use in other jurisdictions. Those who choose to access this website from other jurisdictions are doing so on their own initiative and are fully responsible for compliance with their local laws, if and to the extent such local laws are applicable.
No use by, nor sale to minors and others restricted by law
This website is intended solely for use by adults and those who are legally permitted by the laws of the jurisdiction of your residence and/or the laws to which you are otherwise subjected at any given time. You represent that you are of the legal age of majority and have the legal capacity to purchase, to consume and/or to otherwise lawfully use BH BioScience products, in the jurisdiction of your residence or of use and/or in any other jurisdiction as per the laws that may be applicable to you at any given time. It is your sole responsibility to ensure that you are complying with all applicable laws when purchasing, consuming and/or using our products.
Not a healthcare advice site
Information, products, services and any other content provided by or via this website are provided solely on a general information basis and are not meant to substitute for the advice, diagnosis and/or treatment provided by your family physician or other medical professionals, including pharmacists, healthcare providers and/or any other health professional that is licensed, in good standing and duly recognized in the jurisdiction where you are domiciled or subjected to and/or pursuant to any laws applicable to you at any given time, nor is said website content provided as a substitute for any information contained on or in any product label or packaging. You should not use the information contained on this website for diagnosing or treating a health problem or disease or prescribing any medication or as a means of replacing the judgment, analysis, evaluations, testing, recommendations and/or any other act of an accredited and qualified physician, healthcare practitioner or other recognized medical licensed professional in good standing in the location where you are domiciled or in the jurisdiction to which you are subjected.
Furthermore, the contents of the present Terms and Conditions or any other website content, have not been submitted to, evaluated by and/or approved by the Food and Drug Administration ("FDA") in the United States, by Health Canada in Canada, nor by any other similar or other regulatory body or public entity in any country whatsoever. The contents herein are solely the product of BH BioScience, save and except where the contents are specifically made the object of an exception in favor of a third party, the case arises. Every person is different. The manner in which one individual may react to a given product may vary significantly from the way another individual may respond to the same product. We do not guarantee or certify the accuracy, completeness, timeliness or correct sequencing of any content of this website.
The products sold herein now and in the future, shall at no time be perceived or considered as a means to diagnose, treat, cure or prevent any disease or medical condition. As with any health products, there are no guarantees about side effects, possible adverse health effects or reactions or contraindications, further to the use of same, even where the products are used within their stated guidelines. You are thus urged to carefully read all information contained on or in any product label or packaging.
1. Exporting from Canada and importing in your jurisdiction
Unless otherwise stated, the products featured on this website are available worldwide.
Products sold or delivered under these Terms and Conditions shall be subject to export control laws and regulations of Canada. You agree to comply at all times with all such laws and regulations. You hereby agree to defend and hold the Corporation harmless against all claims, damages or liability resulting from breach of the foregoing.
Furthermore, the Corporation makes no representations or warranties whatsoever in respect of the right or privilege of any Client to import our products across provincial, state, or international jurisdictions. Consequently, it is your sole responsibility to ensure that you may lawfully import to and/or use our products in the jurisdiction where you reside or to which you are legally subjected to at any given time. When you purchase our products, you become the importer of record and as a result, you are responsible for customs, duties, taxes and any other charges relating to importing the product in the jurisdiction where you reside or to which you are legally subjected to at any given time. The Corporation attempts to accurately describe its products available for sale, however, it cannot warrant that any of its product descriptions or other website content are accurate, complete, reliable, current or error-free.
All product illustrations show Canadian product versions. Due to the differences in labeling requirements in various countries and jurisdictions, the packaging layout of the product you receive may appear not exactly as shown on this website, other websites or social media pages.
Major credit cards or PayPal are the only acceptable methods of payment unless otherwise stated on the website. All goods remain the property of the Corporation until paid for in full. Orders are not binding on the Corporation until accepted by the Corporation and until the Corporation has been paid in full. We reserve the right to invoice and ship out parts of any order, separately. The Corporation shall have no obligation to fulfill any orders or transactions until such time as it shall be paid in full, within the delays prescribed by any given transaction or order, the whole without prejudice nor responsibility to the Corporation.
The Corporation does not warrant that the shipping of products offered on this site will be uninterrupted, timely or error-free and only undertakes to act in the ordinary course of business in attempting to fill Customer orders, subject namely to Acts of God or any other situation or occurrence outside of its control, including those further outlined in the section titled “Force Majeure”, hereinbelow.
Once your parcel is accepted by Canada Post (and/or another private shipping entity), we have no control over shipping delays that may occur with Canada Post, another entity or its international partners. Therefore, we cannot guarantee on-time delivery and we can not be held responsible for delays, losses, or damages.
4. Return and refund policy
Any item that is ordered and that has been shipped out, can be returned, subject to the following conditions. The item must be returned in its entirety, completely unopened and shall arrive at our warehouse within 30 days from the date of purchase. The cost of shipping returned products shall be fully borne by Customer and shall have been paid by Customer prior to shipment. The Customer is responsible for a $5.75 handling fee (as same may be amended from time to time), which will be applied against the amount of any refund, the Customer authorizing the Corporation to pay itself said handling fee directly from the amount of Customer refund where all return conditions have been met. Return shipping must have a tracking number that needs to be emailed to us for your return to be processed.
Where the Corporation determines that the packaging containing our product has been completely or partially opened, or where the item has not been returned within the aforesaid 30-day delay, no reimbursement will be provided for any such item and it is understood that the Corporation will have no obligation to return any such item to Customer. The latter understands and agrees that in any such instance, the Corporation shall dispose of any such item at its sole discretion, without any further obligation to Customer.
Furthermore, any item returned to the Corporation that requires the payment of any fees, charges or costs whatsoever, shall be refuted by the Corporation, at Customer's sole cost and risk.
The nature of the products we sell requires the stringent observance that products remain unhampered and whole, as they are upon leaving our warehouse. Since we are not in a position of guaranteeing product quality and integrity once a product has not been under our supervision and control, any returned products shall not be offered for resale.
5. Product availability and pricing
Our products may be subject to on-going revisions, updates, and improvements, the case arising. Consequently, some of our products may be discontinued at any time, may be replaced by new versions or may simply be temporarily unavailable. In view of the foregoing, we cannot guarantee order quantity and we thus reserve the right to limit it at any time, the whole without notice. Any product availabilities, prices, and promotions are subject to change without notice.
6. Limitations of liability
The Corporation shall not accept any liability beyond those remedies contained herein, including any liability for products for any reason, including, namely, liability in respect of lost profits, loss of business, loss of revenues, loss of goodwill, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation, third party claims or any other direct, indirect, special, incidental, consequential or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. There are no warranties on the products, express or implied, of fitness for any given market or particular purpose and any other exclusions, disclaimers and limitations contained on this website, shall be applicable to said products.
The foregoing is intended to be a comprehensive limitation of liability. It is understood that the products and information offered on and through this website would not have been provided without the foregoing limitations of liability. Notwithstanding the foregoing, the sole and entire maximum liability of the Corporation and any of its affiliates, shareholders, directors, officers, employees, mandataries, contractors, members, agents, licensors, third party suppliers and any others for which the Corporation is responsible at law (hereinafter the "Corporation Parties"), for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product purchased by you from the Corporation on this website.
7. Compromised transactions
The Corporation reserves the right to decline any credit card, PayPal or any other type of payment, in the event that the Corporation believes or has reason to believe, in its sole discretion, that an unlawful act is being committed, including where it suspects that a payment vehicle or any transaction has been compromised or is being used in a fraudulent manner. In such an event, the Corporation may at its sole discretion, cancel or terminate any product order.
In certain cases where payment has been processed, the Corporation reserves the right to reverse any payments made and provide a full or partial refund, or take any other action required by law.
The Corporation reserves the right to contact you at any time, for payment verification purposes.
8. Products not for resale
Customer agrees and represents that any purchases made herein are made exclusively for his own internal or personal use, and are not for resale, distribution or other use.
Discount cards, coupons, points and codes
The Corporation may, without any obligation, from time to time, set up promotional campaigns or loyalty programs (such as discount points) that allow Customers to benefit from discounts applicable to product purchases via Corporation-issued cards, coupons, codes, points programs and other similar purchasing incentives ("Coupons").
The Corporation will only honor Coupon discounts, provided that all terms and provisions applicable to a particular Coupon have been met. It is incumbent on Customer to adhere to the specific requirements associated with any given Coupon, in order to avail himself of the benefits associated with same.
The value of any particular Coupon shall be a value that is explicitly stated on the Coupon, but that is strictly associated with and directly connected to the purchase price of any given product to which said Coupon may be applicable (plus taxes, shipping and any other costs, the case arising). Consequently, on its own, a Coupon has zero value, monetary or otherwise, and cannot be redeemed for cash (in the event where the law requires a coupon be assigned a particular value, then it shall be deemed to be worth 1/100th of one cent). Coupons are not for resale.
Where Coupons are individualized or contain particular codes for the benefit of particular Customers or a category of Customers, these Coupons cannot be replaced should they be deleted, lost or stolen. Coupons are valid for a limited time only and expire on the date specified in any given offer, unless the Corporation should decide, at its sole discretion, to terminate said Coupons at an earlier date.
Coupons may be limited in a variety of ways, including in association with certain products, types of purchases (credit card vs. PayPal), may be limited to one coupon per household or per Customer, may be limited to certain aspects of an order and any other restrictions that are instituted by the Corporation from time to time. It is thus important for the Customer to familiarize himself with all applicable conditions prior to using our Coupons.
Unless stated otherwise, coupons are intended and shall be valid for a one-time use only. Coupons cannot be applied to orders you have previously placed with Us. Certain promotional offers may not be combined with other offers in the same order. As a general rule, only one Coupon may be used per order.
Coupons cannot be used to pay for taxes, shipping and handling, or other charges. In the event that your Coupon has a minimum purchase requirement, then the sums representing taxes, shipping and handling, and other charges do not apply towards the minimum purchase amount.
Where a Coupon is redeemable on a multiple-product order, the value of the Coupon is allocated to each product based on the proportion of the product’s value to the total value of all products in such order, excluding shipping, taxes and other charges. If one of those products is canceled, rejected, or refunded in full or in part, the Coupon savings cannot be transferred to the remaining products in the order. In the event that you use a Coupon and your entire order is canceled or rejected, or if you validly return all products in your order, you will be refunded the actual amount paid (reduced by our handling fee) and your Coupon will no longer be valid.
Valid Coupons shall only be applicable and redeemable on online purchases of Corporation products made on or through the BH BioScience website and not to any other site that the Corporation may be operating, the case arising. Consequently, Coupons cannot be utilized in association with the purchase of products sold by or under the brand name of third parties, including, without limitation, any Corporation affiliates, third parties who advertise on our website or any websites linked via our sites and advertising banners appearing on our site.
Certain products cannot be eligible for a discount in certain countries where discounts against new products are prohibited, by way of example.
Coupons are offered as a privilege, not a right. Consequently, the Corporation reserves the exclusive right to discontinue or terminate Coupons, at any time, for whatever reason or no reason, at its sole and absolute discretion.
Any website visitor has an option to submit a product review by email or by means of a special form if the latter is available. All submitted product reviews are subject to moderation and approval. We reserve the right, at our own discretion, to disapprove or delete any product review that we find misleading, bogus, defamatory or otherwise violating our Terms and Conditions. We also reserve the right, at our own discretion, to disapprove or delete any product review submitted by a customer who has received a refund.
We will not intentionally sell, share, or rent your privately-submitted personal information to any third party or use your email address for unsolicited mail. Emails sent by the Corporation, as a general rule, will be in connection with the provision of agreed-upon services and products. Namely, Customer information (such as names, email addresses, phone numbers, mailing addresses, proof of identity, etc.) that is provided to the Corporation on a voluntary basis (examples: Customer subscription to a mailing list or newsletter, setting up an account, availing oneself of a special offer, participating in contests, sweepstakes and other promotions, joining a loyalty program, corresponding with us via email, posting comments on, or purchasing products from, our Facebook page or on any other social media site we may set up from time to time, filling out a survey, etc.) will be retained by the Corporation, with a view to processing any Customer orders, to inform Customers of any promotions on a regular basis and for any other purposes consistent with all of the foregoing. The Customer shall have the right to cease receiving email communication from the Corporation at any time, by simply contacting the Corporation as per the link below this page.
Access to Corporation social media sites
Once you access any of the Corporation's social media sites, including Facebook, the present Terms and Conditions will be applicable to you, in addition to those applicable by those social media accounts from which you are logging into our sites. Upon logging in with your social media account, such as Facebook, you are consenting to sharing personal information with Us.
When using any Corporation social media sites, you will not publish, transmit or otherwise make available anything that may be threatening, harassing, degrading, hateful or intimidating, defamatory, obscene, indecent, fraudulent, pornographic or otherwise objectionable or protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
Furthermore, you will not publish, transmit or otherwise make available any material that would give rise to criminal or civil liability, or that encourages conduct that constitutes a criminal offence or that encourages or provides instructional information about illegal activities or activities such as hacking and other site attacks. You will not publish, transmit or otherwise make available any material, non-public information about any third party, without having obtained the proper authorization to do so. You are strictly prohibited from using our site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or collect personally-identifiable information about other users of any of our sites.
You are also strictly prohibited from impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with any of our sites or to express or imply that we endorse any of your statements or conduct.
Finally, you are strictly prohibited from restricting or inhibiting any other person from using our sites, from using our sites to advertise or offer to sell or buy any goods or services without Our express prior written consent, from reproducing, duplicating, copying, selling, reselling or otherwise exploiting for any commercial purposes, any portion of, use of, or access to any of our sites or setting up a database by systematically downloading and storing any of our sites' content.
Exclusions and Limitations
The information on or through this website is provided on an "as is", "with all faults" basis. You expressly agree that your use of this website is at your sole risk. To the fullest extent permitted by law, BH BioScience does not make or give any representation, warranty or condition of any kind, whether express or implied, written or oral, statutory or otherwise and namely:
excludes all representations and warranties relating to this website and its contents (including the uninterrupted, timely, secure and error-free use of this website or any transactions, privacy or security matter) or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Corporation’s literature; and
excludes all liability in respect to the accuracy, adequacy, or completeness of any information contained herein; and
excludes any representation, warranty or condition of quality, title, durability, suitability, non-infringement or fitness for a particular purpose or those arising out of a course of dealing or usage of trade; and
excludes any and all damages arising out of or in connection with your use of this website. This includes, without limitation, direct or indirect loss, loss of business or profits, damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental losses and damages.
BH BioScience expressly excludes any and all liability for death or personal injury caused by any reason whatsoever. The above exclusions and limitations apply only to the extent permitted by law.
The Corporation does not warrant that this website or files or links available on this website will be free from corrupted data, computer viruses, bugs, errors, transmission errors or problems, issues with telecom service providers, contractors or third party suppliers, failed messages, harmful components or other effects or limitations. No oral or written statements by the Corporation shall create any warranty or obligation not expressly set forth herein.
You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs, and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the prior express written consent of the Corporation.
You acknowledge that unprotected email communication is subject to possible interception, alteration or loss, and any such communication is at your sole risk.
You do not have the right to assign, transfer or sublicense any or all of your rights and obligations herein without the express prior written consent of the Corporation.
For the purposes of this section, any reference to BH BioScience or to the Corporation shall include the Corporation Parties.
This section shall survive the termination or expiry of these Terms and Conditions, the case arising.
We use IP addresses namely to analyse trends, administer the site, track users’ movement, and gather broad demographic information for aggregate use. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not intentionally shared with third parties and is meant to be used only within BH BioScience on a need-to-know basis. Any individually-identifiable information related to this data will not be intentionally used in any way different to that stated above.
Links to this website
Links from this website
We do not monitor or review the content of other parties’ websites which are linked to from this website. Opinions expressed or materials appearing on such websites are not necessarily shared, approved or endorsed by Us and we should not be regarded as the publisher of such opinions or material, nor should we be associated with same in any manner. Please be aware that we are not responsible for the privacy practices, content, the accuracy of, or opinions contained in, these sites. We encourage our users to be aware when they leave our site and to ensure that they review and understand the privacy statements and terms and conditions governing these third-party sites. It is incumbent on you to assess the security and trustworthiness of any other site accessed via this site or upon a reference or mention that may be contained on this site, before disclosing any personal information to them. BH BioScience declines any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information or your use or misuse of third-party site content or your failure to abide by third party site policies, Terms and Conditions.
In view of the foregoing, you agree that the Corporation will not be responsible for any content, goods or services provided on or through these external websites or for your use, inability or problems encountered in using such websites. Any use of these external sites shall be at your sole risk. Any business dealings or interactions with, or any participation in promotions of, any advertisers found on or through the use of our website, are solely and exclusively between you and such advertiser (including any payment, delivery, particular terms and conditions, warranties or representations associated with such dealings), to the exclusion of our Corporation.
The present website is intended for the sale of our products directly to consumers. BH BioScience reserves the right to operate separate and distinct websites intended for other purposes, including retailers and any other subject-matter. Any other such websites, whether operated by our Corporation directly, indirectly or via a third party partner, shall be subject to their own distinct content, including their particular privacy policies and Terms and Conditions. In the event that you should frequent such other Corporation-related sites, please ensure that said websites are intended for end-users and refer and adhere to the specific content governing said sites and not the content of the present site which is solely governing the present website.
Intellectual property advisory
You hereby acknowledge that all content of the website, including website design, text, graphics, sound software, audio clips, video, illustrations, page headers, logos, custom, scripts, icons, data, music, images, registered or unregistered marks of the Corporation or third parties and the selection and arrangement thereof (collectively the "Content"), is owned or is the licensed property of BH BioScience or its affiliates or its respective software and content suppliers, or third parties and is the property of their respective owners and is protected by copyright, trade-mark, patent, international treaties and other proprietary rights. Consequently, the material on this website cannot be replicated, downloaded, posted, transmitted, distributed, used for any commercial or other exploitation, or creation of derivative works or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of BH BioScience and that of the respective owners of the Content.
The Content and our website, are intended solely for personal, non-commercial use by this website's users. Nothing in this website confers or may be interpreted as conferring a license or right to use the Content under any of the Corporation's or any third party's intellectual property rights.
Governing law and dispute resolution
You hereby acknowledge and agree that any dispute, question, claim or litigation that may arise between you and the Corporation in respect of these Terms and Conditions and any other content, this website, any use of this website, any transaction contemplated or conducted on or from this website and any matter regarding BH BioScience products and the Corporation Parties (the case arising), shall be heard exclusively by the courts and tribunals sitting in the judicial district of Montreal, Quebec, Canada and you hereby irrevocably submit and attorn to the exclusive jurisdiction and venue of these courts and tribunals.
In choosing to access and use our website, you are acting on your own initiative and at your sole risk, and thus you are solely responsible for complying with all of your local laws, rules, and regulations. The Corporation reserves the exclusive right to limit this website's availability, in whole or in part, to any person, location or jurisdiction, at any time and at our sole and absolute discretion.
Please use our e-mail address for general inquiries only. All other inquiries should be specifically directed to those e-mail addresses that are tailored to particular queries.
The Corporation Parties shall not be liable for any failure to perform any obligation under any agreement which is due to an event beyond our control including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, nor which could have been reasonably foreseen. Should we be affected by such event, we shall inform you of same within a reasonable delay and take any action deemed reasonable in the circumstances.
The present Terms and Conditions together with any other terms or conditions incorporated or referred to herein, constitute the entire agreement between you and the Corporation, with respect to the use of this website and any transaction conducted on or from this website and its contents, and shall have precedence over any prior understandings or agreements (including, the case arising, verbal, electronic or written) regarding the present subject matter and can only be amended in writing by a duly authorized officer of the Corporation.
Changes with or without notification
The Corporation reserves the right to change these Terms and Conditions from time to time as it sees fit, with or without any specific notice to you. Your continued use of the site will signify your acceptance of any amendment to these Terms and Conditions. You are therefore advised to re-read this document on a regular basis, prior to using our website.
The Corporation reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the website with or without notice. We may offer opportunities to some or all of our website's Customers. The Corporation assumes no responsibility in the event of any such modification, suspension or discontinuance.
Updated: June 18, 2018