Terms and Conditions
Terms and Conditions
Last updated (May 31st, 2023)
Please read these Terms and Conditions ("Terms") carefully before using www.facilfarmacia.com ("Online Ordering System") operated by César Castillo, LLC. ("CCLLC"), the online system that It allows you to place purchase orders for prescription pharmaceutical products, non-prescription drugs (“over the counter”) and consumer products distributed by CCLLC and make payment for these through an Electronic Payment System.
Before you can use the Online Ordering System, you must have opened an account with CCLLC or have reached an agreement with CCLLC for the supply of the products ("Supply Contract"), as well as the payment terms and the amount of credit granted. As part of the Supply Agreement and/or account opening process, you must provide CCLLC with certain personally identifiable information, including your name, business name, address (physical and mailing), license number, identification number, history credit, and other financial information, including annual financial statements. Once you have opened a credit account with CCLLC, CCLLC will provide you with an access code or a unique username and password. Once you obtain your code or unique username and password, you will be able to place purchase orders and pay your invoices through the Online Order System. Orders placed through the Online Order System will be honored by CCLLC, if your account is up to date, within the credit limits granted by CCLLC, as well as the availability of the product. In the event of product shortages, CCLLC will use commercially reasonable methods to allocate products among its customers. All terms and conditions of your credit account and/or Supply Agreement with CCLLC are incorporated herein by reference and made a part of the Terms.
If the Online Ordering System does not work due to problems with telecommunications or others, purchase orders may be placed through CLLLC Tele-Service personnel from Monday to Friday from 8:00 a.m. to 5:00 p.m. by calling (787) 999-1616 - Reception, (787) 999-1598 for Rx & Animal Health products or (787) 999-1580 for HBW products.
WARRANTY
CCLLC makes no warranties of any kind, express or implied, relating to the products sold to you. The warranty provided to CCLLC by the manufacturer or other supplier will be assigned to you, to the extent that such assignment is permitted by the terms of this, and it supersedes any other warranty, express or implied, of or by CCLLC. Except as provided in this paragraph, THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND BY CCLLC OR BY ANYONE WHO IS AN AGENT, EMPLOYEE OR OTHER REPRESENTATIVE OR AFFILIATE OF CCLLC, EXPRESS OR IMPLIED, REGARDING THE CONDITION OR PERFORMANCE OF ANY OF THE PRODUCTS, ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WITH RESPECT TO ANY OTHER MATTER RELATING TO ANY OF THE PRODUCTS.
TERMINATION
CCLLC may terminate or suspend access to the Online Ordering System immediately, without notice or liability, for any reason, including, without limitation, for breach of these Terms. CCLLC may cancel or terminate access to the Online Ordering System: (i) with respect to any product, in the event that CCLLC ceases to distribute said product; (ii) for non-compliance with any obligation arising from the Terms or with any of the terms and conditions that govern your credit account or with your Supply Agreement with CCLLC or in the event that your credit account exceeds the credit limits or found delinquent.
CCLLC will automatically terminate your access to the Online Ordering System if you are a party to or file a petition or proceeding for an order of relief under the United States Bankruptcy Code, under any of its chapters, or under similar laws of any other jurisdiction. , once a trustee is appointed to manage its assets, or in the event of a composition with, or assignment to the benefit of, its creditors, a debt readjustment, or its dissolution (other than by reason of merger or consolidation, provided that the surviving entity assumes the obligations established herein) or liquidation.
SURVIVAL OF THESE PROVISIONS
All provisions of the Terms set forth herein, which by their nature should survive any termination, including, without limitation, title provisions, warranty claims, and limitations of liability, will survive termination
GOVERNING LAW
These Terms will be governed and interpreted in accordance with the laws of Puerto Rico, without considering provisions on conflict of laws.
CLLLC's failure to claim performance of any right or provision of these Terms, your credit account terms, or your Supply Agreement with CCLLC shall not be deemed a waiver of those rights. If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will survive. These Terms constitute the agreement between you and CCLLC in relation to the use of the Online Ordering System and supersede any previous agreement that you and CCLLC may have in relation to the Online Ordering System. However, if any of these Terms conflict with any of the terms and conditions of your credit account with CCLLC or with any of the terms and conditions of your Supply Agreement with CCLLC, the terms and conditions of your credit account with CCLLC or the terms and conditions of your Supply Agreement with CCLLC will prevail.
CHANGES
CCLLC reserves the right, at its sole discretion, to modify or replace these Terms at any time. If the revision is material, CCLLC will try to provide at least 30 days' notice of the implementation and effectiveness of the new provisions. CCLLC will determine in its sole discretion whether a change is material. By continuing to access or use the Online Ordering System after those revisions become effective, you agree to and be bound by the revised Terms. Provided that if you do not agree to the new Terms, you may not use the Online Ordering System.
