TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS
- General. These Terms and Conditions for the Online Sale of Goods (these “Terms”) contain very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read it carefully.
By placing an order for pro ducts (each a “Product” and collectively “Products”) from this website (“Site”), which is owned and operated by Arbor Grove Products, Ltd. (referred to as “us”, “we”, or “our” as the context may require), you accept and are bound by these Terms.
You may not order or obtain Products from this Site if you (a) do not agree to these terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with us, or (c) are not at or older than the legal age to purchase our Products under applicable law.
These Terms are subject to change by without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms prior to purchasing any Products on this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
- Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all Products listed in your order. All orders must be accepted by us or we will not be obligated to sell the Products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the item(s) you have ordered. Acceptance of your order and the formation of the contract of sale between you and us will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by e-mailing our Customer Service Department at email@example.com.
- Prices and Payment Terms.
- All prices posted on this Site are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Changes to pricing for those Products purchased on a monthly subscription basis are as set forth in the Subscription Section, below. Posted prices do not include taxes or charges for shipping and handling. When applicable depending upon where we are shipping the Product, taxes and charges will be added to your total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
- Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
- Subscriptions. Certain Products are available for purchase on a recurring monthly subscription basis. The terms of our subscription sales are as follows:
- By selecting the subscription option at the time of purchase, you acknowledge and agree that you wish to receive the designated Product in the quantity selected by you on a monthly recurring basis for the number of months agreed to you at the time of purchase (“Subscription Term”);
- We will charge your designated payment method at such time as we ship the Product to you and will continue to do so each month of the Subscription Term upon initiating each shipment to you;
- We will not change the pricing that we charge you with respect to any Products that you are receiving on a subscription basis during your Subscription Term;
- During your Subscription Term, you may not cancel your monthly recurring payment obligation without our written consent and any such cancellation or failure to make a required payment shall constitute a breach of contract giving us the right to pursue full payment from you of all amounts committed as well as any costs of collection; and
- After your Subscription Term ends, we will continue to send the Products to you on a recurring monthly basis until you provide us written notice of your desire to stop receiving such Product from us.
- Shipments; Delivery; Title and Risk of Loss.
- We will arrange for shipment of the Products to you. Please check the individual product page for specific delivery options. Unless otherwise stated on the Site, you will pay all shipping and handling charges specified during the ordering process.
- We will ship each Product as it becomes available. While we usually ship by the next business day, there may be times when the Product ordered is out-of-stock, which will delay fulfilling your order. We will keep you informed of any ordered Products that are out-of-stock and unavailable for immediate shipment. If we notify you of a shipping delay, you may cancel your order on such delayed Product prior to shipment by e-mailing our Customer Service Department.
- Title and risk of loss pass to you upon your receipt of a Product. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Returns and Refunds. We will accept a return of a Product that has not been opened, is not damaged, and is in its original packaging for a refund of your purchase price, less the original shipping and handling costs as well as a restocking fee of 15% of the retail price of the Product (excluding shipping and handling costs), provided such return is made within 15 days of shipment. To return a Product, you must e-mail our Returns Department at firstname.lastname@example.org to obtain a Return Merchandise Authorization (“RMA”) number before shipping your Product. No returns of any type will be accepted without an RMA number.
You are responsible for all shipping and handling charges on returned Products. You bear the risk of loss during shipment. We therefore strongly recommend that you insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
Refunds are processed within approximately 3 business days of our receipt of your Products. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
- FDA Disclaimer.
The statement made on this Site regarding our Products have not been evaluated by the Food and Drug Administration. The efficacy of our Products has not been confirmed by FDA-approved research. None of our Products are intended to diagnose, treat, cure or prevent any disease. None of the information presented on the Site is meant as a substitute for or alternative to information from health care practitioners. Please consult your health care provider about potential interactions or other possible complications before using any Product. The Federal Food, Drug and Cosmetic Act requires this notice.
- Limitation of Liability.
IN NO EVENT, UNDER ANY CAUSE OF ACTION OF THEORY OF LIABILITY, SHALL WE OR OUR DISTRIBUTORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OF ANY NATURE WHATSOEVER, ARISING OUT OF THE USE OF OUR PRODUCTS, INCLUDING, BODILY INJURY, DISEASE OR DEATH. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), OUR ENTIRE AGGREGATE LIABILITY AND ANY OF OUR DISTRIBUTORS AND/OR SUPPLIERS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Colorado.
- Dispute Resolution. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Colorado before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You agree to an arbitration on an individual basis. In any dispute, you will not be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Arbor.
- No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
- To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to Arbor Grove Products, Ltd., 2424 W. Caithness Pl, # 315, Denver, CO 80211 We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective 3 business days after they are sent.
15. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.