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Terms
and Conditions of Sale
For:
Wholesale Terms and
Conditions
PLEASE
READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT
YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT
MAY APPLY TO YOU.
This
Agreement contains the terms and conditions that apply to your purchase
from the Discount Herbs & Vitamins, Inc. entity named on the invoice
(Discount-Vitamins-Herbs.net) that will be provided to you
("Customer") on orders for products.
By ordering products described from Discount Herbs and Vitamins, Inc., Customer
agrees to be bound by and accepts these terms and conditions. THESE TERMS
AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL
PURCHASE AGREEMENT WITH DISCOUNT HERBS & VITAMINS, INC., IN WHICH CASE
THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER DISCOUNT HERBS
& VITAMINS, INC. STANDARD TERMS APPLY TO THE TRANSACTION. These terms
and conditions are subject to change without prior written notice at any
time, in Discount Herbs & Vitamins, Inc.'s sole discretion.
- Other
Documents. These terms and conditions may NOT be altered,
supplemented, or amended by the use of any other document(s). Any
attempt to alter, supplement or amend this document or to enter an
order for product(s) which is subject to additional or altered terms
and conditions will be null and void, unless otherwise agreed to in a
written agreement signed by both Customer and Discount Herbs &
Vitamins, Inc.
- Governing
Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED
BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF
LAWS RULES.
- Payment
Terms; Orders; Quotes; Interest. Terms of payment are within
Discount Herbs & Vitamins, Inc.'s sole discretion, and unless
otherwise agreed to by Discount Herbs & Vitamins, Inc., payment
must be received by Discount Herbs & Vitamins, Inc. prior to
Discount Herbs & Vitamins, Inc.'s acceptance of an order. Payment
for the products will be made by credit card, wire transfer, or some
other prearranged payment method unless credit terms have been agreed
to by Discount Herbs & Vitamins, Inc. Invoices are due and payable
within the time period noted on the invoice, measured from the date of
the invoice. Discount Herbs & Vitamins, Inc. may invoice parts of
an order separately. Orders are not binding upon Discount Herbs &
Vitamins, Inc. until accepted by Discount Herbs & Vitamins, Inc.
Any quotations given by Discount Herbs & Vitamins, Inc. will be
valid for the period stated on the quotation. Customer agrees to pay
interest on all past-due sums at the highest rate allowed by law.
Customer agrees to pay Non-sufficient check charges of $25 per
check. Customer agrees to pay costs of collection, if any.
- Shipping
Charges; Taxes. Separate charges for shipping and handling
will be shown on Discount Herbs & Vitamins, Inc.'s invoice(s).
Unless Customer provides Discount Herbs & Vitamins, Inc. with a
valid and correct tax exemption certificate applicable to the product
ship-to location prior to Discount Herbs & Vitamins, Inc.'s
acceptance of the order, the Customer is responsible for sales and all
other taxes associated with the order, however designated, except for
taxes on Discount Herbs & Vitamins, Inc.'s net income. If
applicable, a separate charge for taxes will be shown on Discount
Herbs & Vitamins, Inc.'s invoice.
- Title;
Risk of Loss. Title to products passes from Discount Herbs
& Vitamins, Inc. to Customer on shipment from Discount Herbs &
Vitamins, Inc.'s facility. Loss or damage that occurs during shipping
by a carrier selected by Discount Herbs & Vitamins, Inc. is
Discount Herbs & Vitamins, Inc.'s responsibility. Loss or damage
that occurs during shipping by a carrier selected by Customer is
Customer's responsibility. Title to software will remain with the
applicable licensor(s).
- Warranties,
Disclaimers. Refund of price paid or replacement of product is
your exclusive remedy. DISCOUNT
HERBS & VITAMINS, INC. SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY ON
THESE PRODUCTS. EXCEPT TO
THE EXTENT PROHIBITED BY APPLICABLE LAW, DISCOUNT HERBS &
VITAMINS, INC. DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OF THESE PRODUCTS OR ANY PART
THEREOF. In addition to
these Terms and Conditions, customer agrees to be bound by the
acceptance of contract terms contained elsewhere in this site.
The
information contained on this site is general in nature and is intended
for use as an educational aid. It does not cover all possible uses,
actions, precautions, side effects, or interactions of the products
shown, nor is the information intended as medical advice or diagnosis
for individual health problems or for making an evaluation as to the
risks and benefits of using a particular product.
Customer should
carefully read all product packaging. If you have or suspect that you
have a medical problem, promptly contact your health care provider.
Information and statements regarding dietary supplements have not
been evaluated by the Food and Drug Administration and are not intended
to diagnose, treat, cure, or prevent any disease.
- Return
Policies. Discount Herbs & Vitamins, Inc. products that
are purchased directly from Discount Herbs & Vitamins, Inc. by an
end-user Customer may be returned by Customer in accordance with
Discount Herbs & Vitamins, Inc.'s guarantee in effect and posted
on Discount-Vitamins-Herbs.net website on the date of the invoice.
Orders refused by the customer and returned to Discount Herbs &
Vitamins, Inc. in good, resalable condition are eligible for refund,
less shipping costs and a 15 percent restocking fee.
- Products.
Discount Herbs & Vitamins, Inc.'s policy is one of on-going
product update and revision. Discount Herbs & Vitamins, Inc. may
revise and discontinue products at any time.
- Limitation
of Liability. DISCOUNT HERBS & VITAMINS, INC. DOES NOT
ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY
LIABILITY FOR PRODUCTS FOR ANY REASON. DISCOUNT HERBS & VITAMINS,
INC. WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER
CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD
PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
- Arbitration.
Any claim, dispute or controversy (whether in contract, tort, or
otherwise, whether pre-existing, present or future, and including
statutory, common law, intentional tort and equitable claims) against
Discount Herbs & Vitamins, Inc., its agents, employees,
successors, assigns or affiliates (collectively for purposes of this
paragraph, "Discount Herbs & Vitamins, Inc.") arising
from or relating to this Agreement, its interpretation, or the breach,
termination or validity thereof, the relationships which result from
this Agreement (including, to the full extent permitted by applicable
law, relationships with third parties who are not signatories to this
Agreement), Discount Herbs & Vitamins, Inc.'s advertising, any
related purchase, including the validity of this arbitration clause
shall be resolved exclusively and finally by binding arbitration
administered by the National Arbitration Forum (NAF) under its Code of
Procedure then in effect (available via the Internet at http://www.arb-forum.com
, or via telephone at 1-800-474-2371). The arbitration will be
conducted before a single arbitrator, and will be limited solely to
the dispute or controversy between Customer and Discount Herbs &
Vitamins, Inc. The arbitration shall be held in Los Angeles County,
California at the office of Discount Herbs & Vitamins, Inc., by
telephone, or online. Any award of the arbitrator(s) shall be final
and binding on each of the parties, and may be entered as a judgment
in any court of competent jurisdiction. Information may be obtained
and claims may be filed at any office of the NAF or at P.O. Box 50191,
Minneapolis, MN 55405.
- Applicable
Law; Not For Resale. Customer agrees to comply with all
applicable laws and regulations of the various states and of the
United States. Customer agrees and represents that it is buying for
its own use only, and not for resale. Discount Herbs & Vitamins,
Inc. has separate terms and conditions governing resales.
- Headings.
The section headings used herein are for convenience of reference only
and do not form a part of these terms and conditions, and no
construction or inference shall be derived therefrom.
- Acceptance.
By ordering any product from Discount Herbs & Vitamins, Inc.,
whether by clicking through over the internet, telephone, facsimile or
otherwise, the customer agrees to be bound by these Terms and
Conditions of Sale, as well as the "Acceptance of Contract
Terms" contained elsewhere in the Discount Herbs & Vitamins,
Inc. site.
- International
Orders. It
is the responsibility of our customers to be sure that they are
allowed to import nutritional supplements from the U.S.
- It
is the Customer's responsibility to find out about your country's
customs regulations relating to the products you wish to import.
The customer is responsible for your country's customs fees,
duties, and/or taxes, if any, which are usually collected when the
order is delivered to you. Customer assumes the risk for any
products confiscated or opened by customs.
Discount-Vitamins-Herbs.net does not know your country's current
customs regulations and therefore does not refund purchase price
for any product not returned to us in good condition. We do list customer
experiences with customs and duties for your convenience, and
any regulations which we are aware of. But this may change
over time or vary by product and inspector.
- In
the event an order is returned to Discount-Vitamins-Herbs.net by
Customs, refund is limited to the purchase price of the unopened
product returned, less return shipping fees equal to the outbound
shipping fee and less any other charges incurred, such as
quarantine fees or warehousing fees assessed by the customs in
your country. Outbound shipping and handling charge for returned
orders is not refundable.
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