Terms of Service

In these Terms: "Services" means our website, online store, and any related content, features, tools, and services we make available. "Products" means cosmetic skincare products and any other items we offer for sale through the Services. "User", "you", and "your" refer to any person who accesses or uses the Services, whether as a visitor, customer, or account holder.

By visiting our site or purchasing Products from us, you engage in the Services and agree to be bound by these Terms, including any additional terms and policies referenced herein or available by hyperlink.

These Terms apply to all users of the site, including browsers, customers, merchants, and contributors of content.

Any new features or tools added to the current store are subject to these Terms. We may update or modify the Terms from time to time in accordance with the "Changes to Terms" section.

Our online store is hosted by Vercel and related infrastructure, which provide the platform that allows us to make our Products and Services available.

By using the Services and placing an order, you represent and warrant that you: (a) are at least the age of majority in your province or territory of residence, and (b) have the legal capacity to enter into a binding contract.

If you are under the age of majority, you may use the Services only with the consent and supervision of a parent or legal guardian, and you may not make purchases.

By placing an order, you make an offer to purchase the Products in your order. We may accept or reject your order at our discretion. An order confirmation email acknowledges receipt of your order, but acceptance occurs only when we dispatch the Products or otherwise confirm acceptance in writing.

You may not use our Products or Services for any illegal or unauthorized purpose, and you must comply with all applicable laws of the jurisdiction in which you reside and from which you access the Services.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the site for your personal, non-commercial use.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services, without our express written permission.

You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account. You must promptly notify us of any unauthorized use of your account.

Subject to applicable human rights and anti-discrimination laws, we reserve the right to refuse service, suspend accounts, or cancel orders if we believe that you have violated these Terms or engaged in fraudulent or inappropriate conduct.

Our Products are intended for external use only and are classified and marketed as cosmetic skincare products, not as drugs or medical devices, with respect to Health Canada Cosmetic Regulations C.R.C., c. 869.

Our Products are not intended to diagnose, treat, cure, or prevent any disease. Any references to health, well-being, or skin appearance are cosmetic and relate to the skin's appearance and feel.

You agree to use our products as directed, store our products in accordance with the label instructions, perform a patch test before first full application, and discontinue use if irritation occurs.

Certain Products or services may be available exclusively online. These Products or services may have limited quantities and are subject to return or exchange only in accordance with our Refund and Return Policy.

We have made reasonable efforts to display the colours and images of Products as accurately as possible. We cannot guarantee that your device's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sale of Products or Services to any person, geographic region, or jurisdiction and to limit quantities of any Products or Services that we offer.

All descriptions of Products and pricing are subject to change at any time without notice, at our sole discretion, subject to applicable law. We reserve the right to discontinue any Product at any time.

Except as required by applicable consumer protection and sale of goods legislation, we do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

All prices are stated in Canadian dollars (CAD) unless otherwise indicated.

Prices are subject to change without notice, except as required by law or as otherwise set out in a subscription or recurring order agreement.

Shipping, handling, applicable sales taxes, and any other charges will be added to the total amount at checkout and will be displayed before you finalize your order.

Prices do not include duties, customs fees, tariffs, or value-added taxes that may be imposed outside Canada. Customers are responsible for any such amounts imposed by authorities in their jurisdiction.

We reserve the right to decline or cancel any order. If we cancel an order after your payment method has been charged, we will issue a refund or credit for the amount charged.

We accept major credit and debit cards and such other payment methods as indicated at checkout. All payments must be made in full at the time of purchase.

By submitting payment information, you authorize BioThera Solutions Inc. and our payment processors to charge the total amount displayed at checkout to your selected payment method.

All transactions are processed using encrypted, industry-standard security protocols. We do not store complete credit card information on our servers. Compliant third-party payment processors handle payment card data.

Once your payment has been authorized, the corresponding amount will be reserved or charged, and you will receive an order confirmation email that includes your order number, itemized details, and payment summary. It is your responsibility to review this confirmation and contact us promptly if you notice any discrepancies.

If your payment method is declined or your transaction cannot be processed, your order may be cancelled automatically. We are not responsible for any fees or penalties imposed by your financial institution resulting from payment authorization failures.

We reserve the right to refuse, limit, or cancel any order. We may limit or cancel quantities purchased per person, per household, or per order.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store and to promptly update your account information, including your email address and payment details.

Territory: We currently ship orders within Canada only. Orders from outside Canada will not be accepted unless we specifically agree in writing to arrange a custom order and shipping solution.

Processing Times: Orders are typically processed and shipped within one to three business days. Orders placed on weekends or statutory holidays are processed on the next business day. During periods of high order volume or product launches, processing times may be longer.

Shipping Methods and Fees: Standard shipping within Canada is available at a flat rate of CAD 29.99. We may offer free shipping over certain order thresholds, which will be clearly indicated on the website and at checkout. Additional charges may apply for deliveries to remote or hard-to-access locations, including the Yukon, Northwest Territories, Nunavut, and certain remote islands.

Delivery Times: Estimated delivery times within Canada generally range from one to three business days, depending on the destination and shipping method. Delivery times are estimates only and are not guaranteed. Delays may occur due to carrier issues, weather, or other factors beyond our control.

Taxes, Duties, and Import Charges: For orders shipped within Canada, applicable sales taxes are charged based on the destination province or territory. For any custom international orders, Canadian sales tax will generally not be charged, but local duties, customs fees, or import taxes may apply in the destination country. These are the customer's responsibility.

Risk of Loss and Damaged Shipments: Risk of loss or damage to Products passes to you upon delivery to the shipping address you provided. If your order appears lost or is delivered damaged, please contact us within 7 days of the expected or actual delivery date.

Order Refusal and Cancellation: We reserve the right to cancel or decline any order that appears unreasonable, suspicious, or logistically unfeasible. If we cancel an order, we will notify you promptly and provide a full refund for any amounts paid.

Nothing in this policy limits any rights you may have under applicable consumer protection laws.

Satisfaction Guarantee – 30 Days: If you are not fully satisfied with your purchase, you may request a refund within 30 days of the purchase date under our BioThera Satisfaction Guarantee. To initiate a refund or replacement, contact our Customer Care team with your order number and a brief description of your request. The Satisfaction Guarantee applies to one unit per product line per customer to ensure fairness and prevent misuse.

Returns of Unopened and Unused Products – 60 Days: Unopened and unused Products may be returned within 60 days of purchase for a refund or store credit, less applicable shipping and handling fees. Returned items must be in their original condition and packaging. Customers are responsible for return shipping costs unless the Product arrived damaged or the wrong item was sent due to our error. A flat CAD 10 shipping and handling fee will be deducted from your refund for standard returns.

Refunds and store credits are available only for purchases made directly through our official online store. Purchases from authorized retailers are subject to the retailer's return policy.

Processing of Refunds: Once your returned Product is received and inspected, we will notify you by email of the approval or rejection of the refund. Approved refunds will be processed using your original payment method or issued as store credit, according to your preference.

If you experience any irritation or suspected adverse reaction to a Product, discontinue use immediately and consult a healthcare professional. You may also contact us to discuss a refund or replacement.

We may provide access to third-party tools that we do not control or monitor. You acknowledge that such tools are provided "as is" and "as available" without warranties of any kind and without any endorsement. We will not be liable for any liability arising from or relating to your use of optional third-party tools.

Certain content, Products, and Services available via our Services may include materials from third-parties. Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such sites.

Your use of third-party websites is at your own risk and is subject to the terms and conditions of those websites.

If you submit ideas, suggestions, proposals, plans, reviews, testimonials, or other materials (collectively, "Comments"), whether at our request or voluntarily, you grant BioThera Solutions a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, publish, translate, distribute, and display such Comments in any media, for any lawful business purpose.

We are under no obligation to maintain Comments in confidence, to pay compensation for Comments, or to respond to any Comments.

We may monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, obscene, or otherwise objectionable, or that violates these Terms or any third-party rights.

You are solely responsible for the content and accuracy of your Comments.

By using the Services, you consent to receive transactional and account-related communications from us electronically. Marketing and promotional emails will be sent only where we have your express or implied consent in accordance with national and international Anti-Spam Legislation. You can withdraw your consent to marketing communications at any time using the unsubscribe link in our emails or by contacting us.

In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content: for any unlawful purpose; to solicit others to perform or participate in unlawful acts; to violate any international, federal, provincial, or municipal regulations, rules, laws, or ordinances; to infringe upon or violate our intellectual property rights or the rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information; to upload or transmit viruses or malicious code; to collect or track the personal information of others without a lawful basis; to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Services or any related website.

We may terminate your use of the Services for violating any prohibited use.

Your submission of personal information through the store is governed by our Privacy Policy, which forms part of these Terms.

By using our Services, you acknowledge that you have read and understood our Privacy Policy and consent to the collection, use, and disclosure of your personal information as described in that policy.

We use cookies and similar tracking technologies on our website. Non-essential cookies (including analytics cookies) are only set after you provide your consent through our cookie consent banner. You may withdraw or adjust your cookie preferences at any time using the "Cookie Settings" link in the footer of our website. For full details on the cookies we use and your choices, please see our Privacy Policy.

We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free, or that results obtained from the use of the Services will be accurate or reliable.

Except as expressly stated by us and except as required by applicable law, the Services and all Products and services delivered to you through the Services are provided "as is" and "as available" without any representations, warranties, or conditions of any kind, whether express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Nothing in these Terms limits or excludes any warranties, conditions, or rights that cannot be limited or excluded under applicable consumer protection or sale of goods legislation.

Nothing in these Terms will: (a) exclude or limit any rights you have under applicable consumer protection laws that cannot be waived by contract, or (b) exclude or limit our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

Subject to the above, to the fullest extent permitted by law, the total aggregate liability of BioThera Solutions Inc. and its directors, officers, employees, affiliates, agents, contractors, suppliers, and service providers arising out of or in connection with the Services or any Products you purchase will be limited to the greater of: (a) the amount you paid to us for the Product or service giving rise to the claim, and (b) one hundred Canadian dollars (CAD 100).

Subject to the above, we will not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, or for any loss of profits, revenue, savings, goodwill, or data, whether in contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages.

You agree to indemnify, defend, and hold harmless BioThera Solutions Inc. and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any claims, demands, losses, damages, liabilities, costs, or expenses, including reasonable legal fees, arising out of or related to your breach of these Terms or any policies they incorporate by reference, or your violation of any law or the rights of a third party, except to the extent caused by our own negligence, willful misconduct, or non-compliance with applicable law.

If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision will be fully enforced to the extent permitted by law, and the unenforceable portion will be deemed severed. The remaining provisions will continue in full force and effect.

These Terms are in effect unless and until terminated by either you or us.

You may terminate these Terms at any time by notifying us that you no longer wish to use the Services and by ceasing all use of the site.

If, in our judgment, you fail, or we suspect that you have been unable to comply with any provision of these Terms, we may terminate this agreement at any time without prior notice. You will remain liable for all amounts due through the date of termination.

Any provisions that by their nature should survive termination, including limitations of liability, indemnity, intellectual property, and privacy provisions, will survive termination.

These Terms, together with any policies or operating rules posted on this site, including our Privacy Policy, Shipping Policy, and Refund and Return Policy, constitute the entire agreement and understanding between you and BioThera Solutions Inc. and govern your use of the Services.

Any failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

These Terms and any separate agreements under which we provide you with Services are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to conflict of law rules.

Subject to any non-waivable rights you may have under applicable consumer protection laws, you and BioThera Solutions Inc. agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario, sitting in the City of Ottawa, with respect to any dispute arising out of or in connection with these Terms or the Services.

These Terms are made available in multiple languages for accessibility. In the event of any inconsistency or conflict between the English version and any translation, the English version shall govern and take precedence.

You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion and subject to applicable law, to update, change, or replace any part of these Terms by posting updates and changes to our website. Where required by law, or where changes are material, we will provide you with reasonable advance notice. Your continued use of the website or Services following the posting of any changes constitutes acceptance of those changes.

If you have questions about these Terms or any of our policies, please contact us at info@biotherasolutions.com. BioThera Solutions Inc., Ottawa, Ontario, Canada.

All content on the BioThera Solutions website, including but not limited to text, graphics, logos, images, product descriptions, formulation concepts, and the design and compilation of the site, is the proprietary property of BioThera Solutions Inc. or its content suppliers and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

"BioThera Solutions", "mPDEV", and any associated logos, product names, and slogans are trademarks or trade names of BioThera Solutions Inc. You may not use any of our trademarks, trade names, or branding without our prior written consent.

No content on this site may be reproduced, distributed, modified, transmitted, reposted, or otherwise used for any commercial purpose without our prior written permission. Permitted personal, non-commercial use must retain all copyright, trademark, and other proprietary notices.

Nothing in these Terms grants you any licence or right to use our intellectual property, except as expressly stated herein.

BioThera Solutions Inc. will not be liable for any delay or failure to perform any obligation under these Terms to the extent that such delay or failure is caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic, war, terrorism, governmental action or restriction, civil unrest, power outages, internet or communications failures, or disruptions to our third-party service providers.

In the event of such circumstances, we will endeavour to notify you as soon as reasonably practicable and to resume performance as soon as the circumstances permit.

Our website and Services are operated from Canada. If you access the Services from outside Canada, you do so at your own risk and are responsible for compliance with local laws.

European Economic Area (EEA) and United Kingdom: If you are located in the EEA or UK, you have rights under the General Data Protection Regulation (GDPR) or UK GDPR, including the right to access, correct, erase, and port your personal data, and to object to or restrict certain processing. See our Privacy Policy for the lawful bases on which we process your data and how to exercise these rights.

California (USA): If you are a California resident, you may have rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), including the right to know, delete, correct, and opt out of the sale or sharing of personal information. We do not sell your personal information.

Brazil: If you are located in Brazil, you may have rights under the Lei Geral de Proteção de Dados (LGPD), including rights of access, correction, deletion, and portability.

Quebec, Canada (Bill 96 — Act respecting French): Residents of Quebec are entitled to receive consumer-facing communications in French. If you are a Quebec resident and wish to receive service in French, please contact us at info@biotherasolutions.com. These Terms have been prepared in English at the express wish of the parties; les présentes conditions ont été rédigées en anglais à la demande expresse des parties. Your rights under the Consumer Protection Act (CPA) and other Quebec legislation are not affected by these Terms.

To exercise any rights under applicable privacy or consumer protection laws, please contact us at info@biotherasolutions.com.