U.S. LAWS ON IMPORTING DRUGS: IMPORTS ARE PERMITTED BUT NOT TECHNICALLY LEGAL
Importing prescription medication into the U.S. by individuals for personal use is technically illegal. In practice, however, Americans who import medicine for private use by either taking it across the border or having it mailed to them are not typically prevented from doing so. More specifically, the FDA recognizes that the task of monitoring all drug imports is more than it can handle and offers guidelines for its government officials to use discretion in allowing imports. In accordance with these guidelines and those relating to purchasing drugs online, imports are usually allowed if the shipment 1) is for personal use only, 2) does not exceed a 90-day supply, and 3) does not include controlled substances. For detailed information on this policy see the FDA Coverage of Personal Importations policy at http://www.fda.gov/ora/compliance_ref/rpm/chapter9/ch9-2.html.
You need to check your local laws regarding importation of medications from other countries. Some countries are more strict as well are some localities.
Website Security
BajaPharmacy.com provides security
by offering 256 bit secure socket layer (256-bit SSL) encryption protection on
its website through GoDaddy.com, a
leading global provider of e-commerce security solutions. This high level of
security helps protect you against identity theft and credit card fraud. BajaPharmacy.com
has also implemented extensive security measures to protect your personal
information from loss, unauthorized access, destruction, misuse, modification
or disclosure.
Drug Policy
BajaPharmacy.com and any affiliate
pharmacies will NOT
Purchase and Return Policy of BajaPharmacy.com
Once a medication has left the
pharmacy, it cannot be returned for any reason. This policy is in accordance
with the laws of Mexico.
Privacy Policy
All information submitted to BajaPharmacy.com
via the Internet, phone, fax or mail is held in the strictest confidence and
will not be sold, shared or viewed by anyone other than the staff at BajaPharmacy.com
and the company's affiliated partners. This
information will only be used for the purpose of processing, dispensing and
delivering your prescriptions. Full policy can be read here
Terms of Use
The contents of this site, such as
text, graphics, images, information obtained from BajaPharmacy.com's licensors
and other material ("Content") contained on this site, is for
informational purposes only. The content has not been evaluated by the FDA and
is not intended to be a substitute for professional medical advice, diagnosis
or treatment. Always seek the advice of your physician or other qualified
health providers with any questions you may have regarding a medical condition.
You should seek medical attention before undertaking any diet, exercise or
other health program described on this web site. The BajaPharmacy.com Internet
Site, an online information and administration service, can be accessed from
all states of Mexico, as well as from other countries around the world. As each
of these jurisdictions have laws that may differ, by accessing the Internet
Site, the user agrees that all matters relating to, access to, or use of, the
Internet Site, or any other hyperlinked web site, shall be governed by the
federal laws of Mexico applicable therein. The user also agrees and hereby
submits to the exclusive personal jurisdiction and venue of the courts of Mexico
and acknowledges that the user does so voluntarily and is responsible for
complying with his/her own local laws.
Disclaimer
The BajaPharmacy.com website is
intended to increase awareness of health information and does not in any way,
direct or indirect, express or implied, suggest diagnosis or treatment of any
kind. The information provided on this website is not a substitute for
professional medical attention. See your health care professional for medical
advice or treatment. BajaPharmacy.com and its partnered pharmacies if any disclaim
all representations and warranties, including for example warranties of
merchantability, suitability, and fitness for a particular purpose. Moreover, BajaPharmacy.com
and its partnered pharmacies do not represent or warrant that the information
accessible via this website is accurate, complete or current. Price and
availability information is subject to change without notice. Except as
specifically stated on this website, neither BajaPharmacy.com nor its partnered
pharmacies nor any of its directors, officers, employees, agents, contractors,
partners or other representatives will be liable for damages resulting from or
in connection with the use of this website. This is a comprehensive limitation
of liability that applies to all damages of any kind, including (without
limitation) compensatory, direct, indirect or consequential damages, loss of
data, income or profit, loss of or damage to property and claims of third
parties.
Below you will find our Client Agreement, its long and the lawyers insist we include it.
by shopping on Bajapharmacy.com you electronically sign by accepting when you check out.
Client Agreement & Authorization
Form
This Client Agreement and Power of
Attorney, also known as Client Agreement and Authorization, (this Agreement),
consisting of two (2) pages, must be signed, dated and delivered to BajaPharmacy.com
( BP), a provider of international medication fulfillment services, by
any customer or client (I or me) who is purchasing medications
(Medications) through BP by using the BP order service.
I acknowledge and agree with BP as follows:
- If placing this order as a customer, I, on behalf of
myself, my heirs, assigns and successors, hereby agree to all of the
following terms and conditions, represent that I understand all of the
following terms and conditions and that I have had adequate opportunity to
consult any advisors necessary, whether medical, legal or otherwise.
- If I am placing the order on behalf of someone else, I
represent that I have all necessary consent, permission and authorization
to do so on behalf of that person and their heirs, assigns and successors
and the person I represent agrees to all of the following terms and conditions,
understands all of the following terms and conditions and has had an
adequate opportunity to consult any advisors necessary, whether medical,
legal or otherwise.
In the case of paragraph 1 above, if I do not agree with all of the following terms and conditions, I agree that I will not place any orders. In the case of paragraph 2 above, if I do not have that persons consent, permission or authorization or that person does not agree with all of the terms below, I agree that I will not place any orders.
- I understand and acknowledge that all orders, including
all prescription dispensing and patient medication consultation services,
are being provided by a BP partnered licensed Mexican and/or International
pharmacy and that the information and services provided by BP are strictly
for the purposes of assisting me in filling a order prescribed by a qualified
licensed physician. Furthermore, I understand and acknowledge that
the medications I order through BP may be dispensed and shipped by
a licensed pharmacy located in a country outside of Mexico (each referred
to as an International Pharmacy) . I further acknowledge
that I have been made expressly aware of the specific country or countries
my medication order(s) will be processed, dispensed and shipped from, and
that I voluntarily consented and authorized BP, its affiliates,
contractors, and agents to facilitate the processing of my orders through
these countries.
- I understand that it is my responsibility to have My
Own Physician conduct regular physical examinations of me, including any
and all suggested testing by My Own Physician to ensure that I have no
medical problems which would constitute a contradiction to me taking
medications prescribed by My Own Physician. I agree that should I suffer
any adverse affects while taking any prescription medication that I will
immediately contact My Own Physician and that in the event I come under
the care of another physician, I will inform him or her of any and all
medications that I have been prescribed.
- I AGREE THAT THE MEXICAN AND/OR INTERNATIONAL PHARMACY
SHALL NOT BE LIABLE FOR ANY LIABILITY, CLAIM, LOSS, DAMAGE OR EXPENSE OF
ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY INADEQUACY, DEFICIENCY
OR UNSUITABILITY OF ANY ORDERS ISSUED BY THE MEXICAN AND/OR INTERNATIONAL
PHARMACY
- I understand and acknowledge that BP is not a physician
and does not provide any medical advice. I further understand and
acknowledge that BP is a referral and escrow service established to help
me obtain my medications from a licensed pharmacy.
Authorization, Consent and Power of
Attorney
* I hereby consent to BP, and any licensed Mexican and
International Pharmacy supplying my order, collecting my personal and medical
information, maintaining the information necessary to quickly process future
orders which may include retaining on file my name, address, phone number,
medical information, payment and other information and verifying future orders.
* I confirm that my personal and medical information will be handled only by BP
order-processing employees and contractors in accordance with BPs
Privacy Policy, which may be updated from time to time.
* I hereby acknowledge and understand that BP will in all instances
substitute generic drug equivalents unless specified otherwise by myself.
I also understand that BP will in all instances use Mexican or
International drug equivalents, including generics, to fill my order, and therefore
brand names may vary.
* If I was directed to BP's services through an affiliate or
intermediary (for example Pharmacy Benefit Manager, Health Management
Organization, or other healthcare service provider), I hereby authorize BP
to release the following data to such an intermediary:
1. a numerical identifier indicating
that I was a patient referred from that source;
2. financial information that will
permit the processing of any claims on my behalf;
It is my
understanding that all such intermediaries will enter into Confidentiality
Agreements where they agree to abide by the privacy policies of BP
relating to the protection of my personal health information. I specifically
consent to the transmission of the forgoing information by electronic means.
Disclosure And Representations
* I represent that ALL of the following statements are true
and agree that BP and its employees and contractors (pharmacists and
pharmacy technicians) are relying on these representations:
- I am of the age of majority or older where I reside;
- I can make my own medical decisions according to the
law of the country, state, or other applicable jurisdiction where I
reside;
- The product I am requesting BP to assist me in
obtaining was prescribed/recommended by a qualified physician licensed
where I reside;
- With respect to any of the medications which I
now or hereinafter order from BP, I will take the same for at least
30 days immediately prior to the date that I submit my order to BP;
- I am not violating any laws where I reside by placing
this order;
- I will use any medication obtained for me by BP strictly
according to the instructions provided by my physician;
- I am placing this order for medication for my sole use
and I will not provide any quantity of this medication to any other
person;
- I am not seeking or relying on any medical information
from BP and I have consulted a qualified physician licensed where I
live within the last year; and I will immediately contact my primary
physician in the event I suffer any unexpected side effects from any
medication obtained for me by BP.
- BP does not require me to provide a prescription for
the products being ordered, I acknowledge that I have received all
necessary medical authorization and approval from a qualified medical
doctor licensed in the state in which I reside to legally place such an
order and to use the products being ordered. I further acknowledge
that my health and my use of the products ordered is being closely
monitored by a licensed medical doctor and that I have and continue to
receive all necessary professional medical advice on my current and future
use of such products.
- I understand, acknowledge, and agree that by placing my
order (or initiating my order) through the www.BajaPharmacy.com website, I
become a customer of www.BajaPharmacy.com and therefore may receive
communications from www.BajaPharmacy.com concerning my order or other
promotional offers.
* BajaPharmacy.com has made no representations or
warranties to me, including, without limitation, representations or warranties
with respect to any delivered medications usefulness or fitness for a
particular purpose (including, without limitation, its appropriateness for
curing or helping relieve any particular ailment, illness or disease, or its
potential or actual side or adverse effects whether previously known or
unknown).
Purchase And Sale Terms
* BP,
through its contracted billing services provider Baja South, LLC, will charge
my credit card the following amounts for each order: the TOTAL COST OF THE
MEDICATIONS as posted on the BP Website or BP internal
pricing system on the day BP receives my order and SHIPPING AND
HANDLING COST for each package BP ships.
* In the event my payment is not authorized, BP has the right to
cancel my order and attempt to provide me with notice of such cancellation.
* BP , through its contracted billing services
provider Global Health Supplies, will charge my credit card a $30 fee for each
cancelled order.
* BP reserves the right to refuse to assist me in obtaining any order in
its sole discretion, in which event I will be entitled to a refund for monies
paid for such order.
* BP does not provide its agent or attorney services as a substitute for
health care or the advice of a physician.
* BP will not exchange medication or return any monies paid once an
order is filled, unless the medication provided to me by the supplying pharmacy
does not correspond with my order.
Release And Waiver
* I hereby release and save BP and its employees,
officers, directors, delegates, agents, affiliates and contractors (including,
pharmacists and pharmacy technicians) harmless from any and all suits, demands,
liabilities, claims, actions, expenses, losses and damages of any kind or
nature whatsoever, including, without limitation, general, direct, special,
indirect and consequential damages and costs of litigation (including
reasonable attorney fees) arising from:
- my use of the medication obtained for me by BP
including, without limitation, any and all side effects whether previously
known or unknown;
- BP or
its contractors manner or timeliness of completing any actions I have
authorized above, including, without limitation, their manner or
timeliness in prescribing the appropriate strength, dosage, or dispensing
generic drugs and non-child-protective packaging; and
- my breach of any terms, conditions or representations
or warranties in this agreement.
Nothing in this release shall be
deemed to release any BP pharmacy or pharmacist contractors from
compliance with the applicable standards of practice or usual professional
duties and obligations, which a pharmacist owes.
* If any term or provision of this
agreement is determined to be invalid or unenforceable by any court, such
determination shall not invalidate the rest of this agreement which shall
remain in full force and effect as if the invalid term or provision had not
been made part of this agreement.
Governing Law
* I agree that any and all agreements reached or contracts
formed throughout the course of the relationship between me and BP shall
be deemed to be made in the State of Baja California, Mexico and accordingly
shall be governed by the laws of the State of Baja California and the laws of Mexico
applicable to such contracts and agreements.
I, the client, have read, understood and agree to all of the foregoing in this
two (2) page document entitled Client Agreement & Power of Attorney.
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