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terms of use

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TERMS OF USE AGREEMENT

This Terms of Use agreement is available for users on every page of the Aviva website. By using this site, or ordering products from Aviva, you signify your assent to this agreement. Please read this agreement thoroughly and carefully before using this site. If you do not agree to the terms and conditions contained in this agreement, you may not access or otherwise use this site. Aviva is providing this site and its contents on an "as is" basis. Aviva and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, "affiliates") make no representations or warranties of any kind, express or implied, with respect to this site or its contents, including without limitation the products, information or services offered or sold on or through this site or any other site to which this site links (each a "Linked Site") and the uninterrupted and error-free use of this site. Aviva and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. No oral or written statements by Aviva or its affiliates will create any warranty not expressly set forth herein. Your use of this site and any linked site is at your sole risk.

 

HEALTH DISCLAIMER NOTICE

Aviva Inc. operating as Aviva Natural Health Solutions recommends that you consult with a healthcare professional prior to the purchase of any product, taking any nutritional supplements or discontinuing/changing your use of any medications. For any suspected or known illness or health concern always consult with a physician or healthcare provider prior to the purchase or use of any health related product. The products offered by Aviva in our store and online are not offered as a treatment or cure for any medical conditions, but only as health and nutritional support for various health concerns. The products, information, services and other content provided on and through this site, including without limitation any products, information, services and other content provided on any Linked Site, are provided for informational purposes only to facilitate discussions with a healthcare professional regarding treatment. The information on this website is often provided in summary or aggregate form, and may not be construed as medical advice or instruction. All information and product descriptions on this website are provided for educational purposes only. No action should be taken solely on the content of this website, regardless of perceived scientific merit. Users should consult their health care professionals on any matter related to their health.

Information contained within this site, from Aviva and/or its affiliates, has not been evaluated by Health Canada or the FDA in the United States, and is not intended to diagnose, treat, cure or prevent any disease. The information on this website should not be used as a therapeutic modality or as a substitute for the advice of a healthcare professional, or as a substitute for any information contained in or on any product label or packaging. Any information presented herein, or information received via telephone or email, should not be construed as the practice of medicine. Aviva is not responsible for the misuse and/or abuse of any product sold as a result of a consumer using this website, nor is Aviva responsible for any problems or difficulties which may arise though consumer use of products sold by Aviva. Website users, previous and future customers who fail to consult their health care professional prior to the purchase and subsequent use of any product, assume the risk of any adverse effects.

 

CONTENT

This website, including text, graphics, articles, audio and video files, and other content are the property of Aviva Natural Health Solutions. Any use of these materials, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of Aviva Natural Health Solutions, is prohibited. 

Many of the product images and descriptions are the property of their respective manufacturers. Product images are for illustrative purposes only. Pictures shown may not accurately reflect current product packaging.

SHIPPING

CANADIAN ORDERS are most often shipped via Expedited Canada Post from our retail location in Winnipeg, Manitoba, or directly from our supplier, usually within 72 hours of purchase (often same day). If you ordered online (or provided an email in a phone order) you should receive an email confirmation complete with tracking number when your order has shipped.

Some larger items are shipped via FedEx in Canada, delivery time is usually 3-5 business days.

Canadian residents should receive orders within 12 business days (usually within 6). During the holiday season and due to national holidays there may be additional shipping delays. If you have not received your order within 12 business days please call us at (866) 947-6789. An Aviva customer service representative will initiate a trace to determine when your product will arrive.

Local Winnipeg residents are eligible for free shipping on orders over $100. Local orders will usually be delivered within 3 business days. Seniors' discounts or other promotions do not qualify for free delivery. Same or next day delivery options may also be available in some cases.

USA ORDERS are most often sent by Canada Post/USPS Expedited Parcel from our retail location in Winnipeg, Manitoba, or directly from our supplier, usually within 72 hours of purchase. American residents should receive orders within 12 business days (usually within 8). During the holiday season and due to national holidays there may be additional shipping delays. If you have not received your order within 14 business days please call us at (866) 947-6789. An Aviva Customer Service Representative will initiate a trace to determine when your product will arrive.

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Canadian residents will be charged a flat shipping, handling and processing fee of $9.99 CAD for most orders shipped within Canada*. Some items do have shipping costs already included in the product price which will be noted on the individual product page. Most orders over $100 are eligible for free shipping.

USA residents will be charged a flat shipping, handling and processing fee of $19.99 CAD for most orders shipped within the continental USA*. 

Items shipped outside Canada/USA will be charged a minimum flat shipping, handling and processing fee of $29.99 CAD, but all international orders are reviewed on an individual basis and may be subject to higher shipping charges. Orders being shipped outside of Canada/USA must clear a standard security check with our payment processor and in some cases will require an method of payment other than a credit card. If this is the case with your international order, you will be contacted by a  representative prior to processing/shipping. Most orders outside Canada/USA are not eligible for any free shipping promotions.

*Shipping Exceptions:

Some items in our catalogue are particularly heavy or large (e.g. bulk liquids/foods, appliances, fermentation crocks, exercise equipment, mattresses). Depending on the physical size of your order and shipping location, our free or flat S&H policies may not apply in some cases. In the event your order is particularly large or requires specific shipping arrangements, we will research the available options and contact you so you can choose the method that best suits your needs, prior to processing the order.

In some cases, we are unable to honour our flat rates or free shipping if your order is being shipped to a particularly remote location, or areas that incur higher than normal delivery costs (e.g. the Canadian North). If you live in a remote region that requires additional shipping, you'll be contacted with additional information prior to order processing. These shipping policies are to ensure that we can find the most economical method to ship orders for both Aviva and our customers.

For any Canadian or U.S. order, other shipping arrangements may be made with customer service, if required. Delivery times will depend on the specific order, method of shipping, and location. Please contact us if you have questions about shipping for any order.

In the unlikely event of a lost package: orders within Canada and USA can be traced. After 30 business days, if it has been determined that your shipment has been lost, you may request a refund, or ask Aviva to re-ship the product to you.

Shipping for all other international orders will be handled on a case-by-case basis. International orders, including shipments to the USA, may be subject to import duties and/or taxes upon reaching the destination country. Any additional charges are the responsibility of the addressee, as Aviva has no control over any foreign duty or additional taxes charged. Also, with regards to Customs, many of the food products offered by Aviva require substantial processing in order to get clearance into other countries (particularly the United States, where clearance from the FDA and prior notice with US Customs are required). In most cases we will not be able to process these types of food item sales outside of Canada.

In most cases, we are not able to ship shoes outside of Canada. Insoles, socks and other similar footwear products are available for international shipping, but shoes cannot be shipped internationally (including to the United States).

Please note that order shipments returned to Aviva due to incomplete/incorrect postal information, refusal to accept delivery, failure to pay import taxes or custom duties, or refused entry by customs may be subject to a 20% restocking fee and return shipping costs. Aviva cannot process a refund if a shipment is misdelivered or lost due to incorrect address information entered.

 

ORDERING

Most product pricing is listed by default in Canadian funds. American customers may use the built in currency converter on the Aviva.ca to display approximate USD pricing, but all orders are processed in Canadian dollars. USD pricing shown is an approximation based on the exchange rate made available electronically to Aviva. If you are an American )or located in any country other than Canada), your actual exchange rate will be set by your credit card carrier and may be different than the rate used to display approximate USD pricing on our site. 

For select items we are able to offer separate USD pricing to our customers located in the USA. These orders will still be charged in CAD funds, the charge will reflect the USD total based on the exchange rate that day.

Sales Taxes: All Canadian residents are subject to GST (the Goods and Services Tax), and the residents of some provinces (e.g. Manitoba) are subject to both the GST and PST (Provincial Sales Tax), while others are subject to the HST (Harmonized Sales Tax) if that is currently implemented in their province. Taxes are not charged for residents of the United States or other residents outside of Canada, with the rare exception of delivery originating from an in-state service provider.

We accept payment by Visa or Mastercard for orders shipped within Canada and the USA. We also accept Interac e-Transfer (Canada only -- must be arranged with customer service), wire transfer (must be pre-arranged), Canadian or INTERNATIONAL money order (must be negotiable in Canada, and must be arranged with customer service first). Orders from Aviva.ca are securely sent to Aviva where they are reviewed. Once your order and S&H have been verified, your payment will be processed and your order shipped.

Please note we do not accept payment by PayPal, Visa Debit or by unregistered Visa or MasterCard gift cards. Online use of gift cards requires the registered address match the shipping address.

 

PRICING

The nature of the web will inevitably lead to some circumstances where we find ourselves in a position where we cannot price match all products. Because we are a Canadian retailer, we may not be able to compete directly with American online retailers. Aviva carries many products that are unique and not available elsewhere in Canada. Aviva strives to offer low prices on our entire catalogue of items. If you see a lower price on a specific product at another Canadian site, please contact us about it and we’ll do our best to match it, and in some cases, beat it.

Pricing and product offerings are subject to change at any time.

 

SECURITY & TECHNICAL

We at Aviva and our web partner Clear Concepts work hard to maintain optimal technical performance, but Aviva can make no assurances that technical interruptions will not happen. Aviva makes no guarantees that the operation of the website will be uninterrupted or error free at all times and will not be held responsible for the consequences of any interruptions, errors or technical problems.

 

RETURNS & EXCHANGES

Aviva Natural Health Solutions researches products before we offer items for sale, and pride ourselves in offering only high quality products. Every effort is taken to assure that you receive your order in good condition, in a timely manner. We understand that customers may in rare cases receive damaged or defective products, or may wish to return a product for another reason.

In the event you receive a damaged or defective product, you must contact Aviva during normal business hours within 5 days of the receipt of the product.  Returns must be cleared by Aviva customer service. If you receive damaged items or defective products please notify us as soon as possible upon receipt of your order and we will arrange to either replace the product or issue you a refund. We can only accept and process returns on new, unused and untested merchandise. Returns must be accompanied with a Return Merchandise Authorization (RMA) number; we cannot process return credits without clearance from customer service. Please contact customer service to see if we can process your request and to receive your merchandise return authorization number if applicable. This must be done within 5 days of delivery; no refunds or exchanges thereafter. Return shipping charges are the responsibility of the user and are not refundable.

Returns on unopened product which is not damaged or defective is subject to a restocking fee of a minimum 20% of the product purchase price.

Cancelled orders may be subject to a minimum 25% or higher restocking fee, depending on the product.

If customs or brokerage fees are incurred by Aviva on the return, the customer will be responsible for these costs as well. 

Returns/Exchanges on Product with Free Shipping (Shipping Included in Price): For some items, shipping and handling costs are included in the purchase price. These costs may be listed separately on your invoice. In the event of a return, these shipping and handling costs will be deducted from your refund at the time of processing. 

Returns cannot be processed for any items which cannot be sold as new. A refund (less original shipping charges and restocking fee if applicable) will be issued for like-new returned merchandise in original packaging upon receipt of returned merchandise if return arrangements are completed with Aviva staff within 5 days or receipt. Cancellation of a pre-paid order or a paid order in progress with Aviva prior to shipping may be subject to a 10% restocking fee. Aviva cannot be held responsible for returned products that have failed to be delivered. 

Aviva cannot be held responsible for packages that are undeliverable or delivered to an incorrect address due to incorrect or incomplete address information entered (customer address input error). Packages returned to Aviva as Unclaimed (not picked up at local postal outlet or from a private carrier including UPS, etc.), refused (by addressee or Customs), or packages returned due to incorrect address information (customer address input error) may be subject to a minimum 20% restocking fee if returned in resalable condition, as well as additional deductions for the original shipping charges (or equivalent if shipping charges were included in the purchase price) and return shipping charges. Aviva cannot be held responsible for damage to goods during return shipping. Please ensure that all returns are properly packaged and insured.

Aviva cannot be held responsible for damage to goods during return shipping, and cannot process a refund if the product has been delivered to the incorrect address as the result of a customer address input error, and therefore not returned to Aviva due to this error.

Please note that for hygiene reasons, personal items including (but not limited to) bedding products, clothing, massage products, air purifiers, humidifiers, oral care products, insoles, etc. are final sale.

Items, including all parts and product packaging, must be received by Aviva in like-new condition or a return cannot be processed. Returns must be accompanied with a Return Merchandise Authorization (RMA) Number. We can not process return credits for products returned without clearance from customer service, and without an RMA number. Items which require replacement parts to be sold as like-new may be subject to a restocking fee depending on the model and our costs to replace these components. 

Please contact customer service to see if we can process your request and to receive your Return Merchandise Authorization Number (RMA) if applicable. This must be done within 5 business days of delivery. No refunds or exchanges thereafter. Return shipping charges are the responsibility of the user and are not refundable.

Returns must be pre-arranged with our customer service/shipping department (Mon-Fri). Return shipments (complete with Return Merchandise Authorization Number) should be addressed to our retail centre in Winnipeg, MB:

Aviva Natural Health Solutions
1224 St. James St.
Winnipeg, Manitoba, Canada
R3H 0L1

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MANUFACTURER'S / DISTRIBUTOR'S WARRANTY

Some products offered by Aviva are backed by manufacturer's or distributor's limited warranties. Any and all warranties for products purchased from Aviva are the responsibility of the respective manufacturer or distributor. All issues, claims and questions concerning product warranties must be directed to the appropriate manufacturer or distributor. No other warranty of any kind, express or implied is made by Aviva respecting products offered for sale. Purchasers assume all risk and liability resulting from the use of these products.

ADDITIONAL TERMS OF USE

Aviva takes all reasonable actions to ensure that the information, product details, descriptions and prices on this website are current, correct and error-free. We make every attempt to maintain the accuracy of all information contained within this website. Some information, including product descriptions are not warranted or bound by any such inaccuracies.

Articles, news and postings posted by Aviva staff, as well as by any user on our message board or chat room, are expressions of individual personal opinion. These articles and postings are provided for informational purposes only to facilitate discussions with a healthcare professional regarding treatments, and should not be construed as medical advice or instruction.

As product descriptions are often provided by the specific product manufacturer, Aviva is not responsible for these typographical errors. We reserve the right to correct any errors, inaccuracies or omissions, edit content, product availability and pricing at any time without prior notice. These changes may take place even after an order has been placed. If your order is found to contain a typographical error in pricing or availability, you will be contacted about any error as soon as possible to arrange for a resolution of the discrepancy. If you find what you believe to be an error, please contact us and we will investigate and edit the content accordingly.

Product availability is subject to supply limitations. Many offers are only valid while supplies last. Aviva reserves the right to add or withdraw any product(s) from this website at any time and/or remove or edit any materials, articles or content on this website at any time. Aviva reserves the right to refuse to process any transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to any party by reason of our withdrawing any product(s) from this website, or refusal to process any order.

Aviva is not responsible for any product sold on or through this site for any claims of quality or performance made on or through this site, including any claims of quality or performance made on or through any Linked Site. You are advised that other sites on the Internet, including without limitation Linked Sites and sites that link to this site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Aviva expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services that appear on any Linked Site or any site that links to this site.

LIMITATION OF LIABILITY
 
Aviva and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use this site, including without limitation any liability (i) as a publisher of information, (ii) as a reseller of any products or services, (iii) for any defective products, (iv) for any incorrect or inaccurate information, (v) for any unauthorized access to or disclosure of your transmissions or data, (vi) for statements or conduct of any third party on the site, or (vii) for any other matter relating to this site or any Linked Site. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental or consequential damages (including without limitation damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise, even if the user advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Aviva and the user. The products, information and services offered on and through this site would not be provided without such limitations. Because the laws of some provinces, states and countries may not allow for the exclusion of certain damages, in such locations liability is limited to the fullest extent permitted by law.

Notwithstanding the foregoing, the sole and entire maximum liability of Aviva and its affiliates 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, information or service purchased by you from Aviva on this site.

You agree to indemnify, defend and hold harmless Aviva and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to this site.

All products and services offered on or through this site are provided subject to any applicable tariffs and any accompanying terms and conditions.

 

YOUR USAGE OF SITE; TERMINATION OF USAGE

You agree to maintain the security of your Aviva customer account on this site, including the security of your password and other confidential information relating to the use of this site and your account on this site. You agree to be responsible for all charges resulting from the use of your account on this site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent/stop such occurrence and notifying Aviva Natural Health Solutions.

You agree to use this site only for lawful purposes, and that you are responsible for your use of and communications on the site. You agree not to use this site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the site. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the site or material thereon.

You further agree that you will not access by any means except through the interface provided by Aviva for access to the site. You agree that you will not access this site from any territory where its contents are illegal, and that you, and not Aviva and its affiliates, are responsible for compliance with applicable local laws.

You agree that Aviva may terminate or suspend your access to all or part of this site, without notice, for any conduct that Aviva, in its sole discretion, believes is in violation of these Terms of Use or any applicable law or is harmful to the interests of another user, Aviva or its affiliates.

 

APPLICABLE LAW; JURISDICTION

This agreement shall be governed by and construed in accordance with the laws of the Province of Manitoba without regard to choice of law rules. Each user agrees to submit to personal jurisdiction in the Province of Manitoba and further agrees that any cause of action arising from or relating to the use of this site or this agreement shall be brought exclusively in a court in Manitoba.

Aviva strives to follow all national and international regulations regarding the sale, purchase and shipment of any product or product ingredient that is considered restricted or prohibited by any law within Canada or abroad.

 

SEVERABILITY; INTERPRETATION
 
If any provision of this agreement shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this agreement, the term "including" shall be deemed to be followed by the words "without limitation."

 

ENTIRE AGREEMENT; AMENDMENTS

This agreement constitutes the entire and only agreement between Aviva and each user of this site with respect to the subject matter of this agreement and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this agreement. You agree to review this agreement prior to your use of this site or placing any order. Your use of this site shall be deemed acceptance of and assent to this agreement by you. Aviva may, in its sole discretion, amend this Terms of Use agreement from time to time.

 

MISCELLANEOUS

The failure of Aviva or its affiliates to insist upon strict adherence to any term of this agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this site or this agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. Provisions of this agreement are for the benefit of Aviva and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

 

YOUR CONSENT

When using this website and/or ordering product from Aviva Natural Health Solutions, you are automatically agreeing that you are of legal age in your country, state or province; you consent to our Privacy & Security Policies; and that both your access to the site and your use of it are:

-  Subject to the terms and conditions as stated herein, which may change at any time without notice.
-  Subject to all applicable laws.
-  Undertaken at your own risk.

If you have any questions or concerns regarding our terms of use or policies, please contact us.

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Aviva is a natural health shop (retail and online) based in Winnipeg, MB, Canada.
We proudly ship healthy lifestyle products to customers worldwide.

FREE SHIPPING in Canada for most orders over $100

Aviva.ca - Your Health Superstore - Call us toll-free: (866) 947-6789


 

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