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Terms of Sale
Customer’s orders are submitted to us (the “Company”) with respect to products to be purchased hereunder (the “Products”) and will be governed by these terms and conditions (the “Terms and Conditions”). Nothing contained in any purchase order or other correspondence will in any way modify these Terms and Conditions or add any additional terms or conditions, all of which are hereby expressly rejected by Company.
By placing an order or accepting Products, Customer is deemed to: (i) have accepted and agreed to these Terms and Conditions; (ii) certify that Customer meets and will continue to meet the Company’s Terms and Conditions; and (iii) be at least the age of majority in your State or Province of residence; (iv) agree to not use our Products for any illegal or unauthorized purpose, and agree not to violate any laws in Customer’s jurisdiction.
To create an account and/or make purchases through our website (the “Site”), you will be asked to submit certain information, which may include your name and/or a username, email address, and password. Each time you use your password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with this Agreement and we have no obligation to investigate the authorization or source of any such access or use of the Site.
You may be required to link your account with a social networking site or other third party account, such as Facebook (“SNS” and each such account, a “Third-Party Account”) by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you have the right to grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without requiring us to pay any fees or subjecting us to any usage limitations imposed by such third-party service providers. By granting us access to any Third-Party Accounts, we may access, make available and store (if applicable) any photographs, information, data, text, software, graphics, video, messages, tags and/or other materials accessible through the Site (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site via your account. You may also share Content obtained or accessed through the Services with such Third-Party Account. You have the ability to disable the connection between your account and your Third-Party Accounts at any time by accessing the “Settings” section of the Site. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE WILL HAVE NO LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO THEM BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any SNS Content.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
At the time of your first order, we will request shipping and payment information. You agree that we may update your payment information with information your bank or credit card issuer may supply, or other information available to us.
Subscription Process, Renewal, and Cancellation
If you purchase a subscription through our Site, every month you will receive a shipment containing a one month's supply of vitamin supplements from us.Your subscription will continue on a month-to-month basis until you choose to cancel. There is no subscription fee associated with your subscription. You will only be charged for the cost of the product and the cost of shipping and handling. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at our then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the Renewal Commencement Date by logging into and going to the “Change/Cancel Membership” page of your “Account Settings” page.
If you do not wish your account to renew automatically, or if you want to cancel your subscription, please log in and go to the “Change/Cancel Membership” page on your “Account Settings” page. By subscribing, you authorize us to charge your payment provider now, and again at the beginning of any subsequent subscription period. We will send you an email reminder prior to charging your payment provider each subscription period. If you choose to cancel your subscription at any time, your subscription will terminate automatically and we will not charge your payment provider for the subsequent subscription period. You agree that we may either terminate or suspend your subscription for any reason at any time in our sole discretion.
Order and Acceptance
No order will be binding upon Company until accepted in writing by Company at Company’s offices, and Company will have no liability to Customer with respect to purchase orders that are not accepted. Shipment of an order will be deemed to constitute Company’s acceptance thereof. Products purchased from Company are not for sale or resale inside or outside the United States without Company’s prior written consent.PaymentUnless credit terms have been established, Company requires payment in advance by credit card. To establish credit, a completed credit application is required. Upon approval and as to orders within credit limits, terms are net 20 days from date of invoice, unless a different period is stated on the invoice. Company will not be required to make any shipment until payment is made consistent with the terms hereof. Unless otherwise agreed to by Company, all payments hereunder will be in U.S. dollars. Any amounts owing hereunder and not paid on a timely basis will bear interest at a rate of 1.5% per month, or at the highest rate permitted by law, whichever is lower. Returned checks may be submitted for collection and are subject to a $25 returned check fee. Failure to pay the invoiced amount in full on the terms specified herein will void any and all discounts given and Customer will be liable for Company’s standard pricing. Customer will pay all of Company’s costs and expenses (including attorneys’ fees, court costs and collection costs) incurred to collect any amounts owing Company. The Company reserves the right to apply interest charges retroactively, whether or not they are shown on individual statements or invoices.
All Products will be packed in Company’s standard shipping cartons and delivered to Customer F.O.B. origin, freight prepaid.
Shipping and delivery dates are approximate only. Company will not be liable for any loss or expense (consequential, incidental or otherwise) incurred by Customer (or any of its customers) if Company fails to meet such dates for any reason. Customer will be billed for the freight costs if a package is refused, and for a 20% restocking charge.
Inspection of Products
Customer will inspect all Products promptly upon receipt. Any Products that fail in a material way to meet applicable specifications must be rejected in writing within 30 calendar days of receipt of Products by Customer or they will be deemed accepted.
Returns and Credits
All sales are final. A 20% restocking charge will be assessed on shipments refused or returned within 30 days of shipment date, unless the return is for properly rejected Products. If Company decides at its sole discretion to accept a return of any Products more than 30 days after the shipment date, a 40% handling and return charge may be assessed on all such returns. No expired Products may be returned under any circumstances. Customer will be responsible for all shipping charges for any returned Products, except those that are properly rejected within 30 days and returned with prior authorization. In no event will Company be liable for replacement of Products (or for shipping charges) which have been damaged or abused by Customer or its agents, or which have additional labels or price tags applied. No credits may be taken by Customer without the express written consent of Company. Company will not authorize credit for any products that have been destroyed or discarded by Customer.
Customer’s purchase price does not include any federal, state, provincial, local or other taxes or fees that may be applicable to the sale or shipment of the Products, all of which will be the sole responsibility of Customer. Company may either require prepayment of such taxes or fees, or add them as a line item on its invoice, and Customer will reimburse Company for the same within 15 days of the date of the invoice. If a taxing authority later determines such taxes are owed, Customer shall promptly pay or reimburse Company for the same.
Customer shall defend, indemnify and hold Company and its affiliates, and its and their respective directors, officers, employees, representatives and agents harmless from any and all actions, suits, proceedings, awards, judgments, claims, losses, damages, fines, penalties, costs and expenses (including reasonable attorneys’ fees) attributable to Customer’s breach of these Terms and Conditions (including, but not limited to, Customer’s unauthorized sale of Products) or to any negligent, grossly negligent, willful or unlawful acts or omissions of Customer, its employees, officers, agents, or representatives.
Warranty, Disclaimer, and Limits of Liability
Customer’s sole remedy for defective Product shall be a refund of the purchase price. COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS, THEIR FITNESS FOR ANY PARTICULAR PURPOSE, THEIR QUALITY OR THEIR MERCHANTABILITY. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES OR FOR THE COST OF PROCUREMENT FROM THIRD PARTIES OF ANY SUBSTITUTE GOODS. THE MAXIMUM LIABILITY OF COMPANY HEREUNDER SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO COMPANY.
Governing Law; Arbitration
The validity, construction and performance of this contract and the transactions to which it relates will be governed by the laws of the United Kingdom. All actions, claims of legal proceedings in any way pertaining to this contract or such transactions will be commenced and maintained in the courts of the United Kingdom. You agree that any dispute or claim relating in any way to your access or use of our website, to any Products sold or distributed through our website, or to any aspect of your relationship with us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
Updates to the Terms and Conditions
These Terms and Conditions may be revised at any time by Company, and orders submitted after such revisions will be governed by the revised Terms and Conditions. The most current Terms and Conditions are available at the Company’s website. Company has the right at any time to revise the prices of the Products without notice. Such revisions will apply to all orders received thereafter.
RESET Bioscience LLC
Disruption Labs Processing LTD
Effective Date of Last Update: 11/01/2018