Terms of Sale
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS PROHIBIT THE USE OF JURY TRIALS OR CLASS ACTIONS TO RESOLVE DISPUTES, WHICH MAY BE RESOLVED IN SMALL CLAIMS COURT, IN A BENCH TRIAL, THROUGH ARBITRATION, MEDIATION, OR LITIGATION WITHOUT JURY TRIAL.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE 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 GRAIL VENTURES LLC DBA GV HEALTHCARE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
2. Order Acceptance
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 email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between GV Healthcare and you will not take place unless and until you have received your order confirmation email.
3. Prices and Payment Terms
(a) All prices posted on this Website 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 email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email.
(b) 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. We accept Visa, Mastercard, American Express and Discover for all purchases. 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 and shipping and handling charges, if applicable.
4. Shipments; Delivery; Title and Risk of Loss
(a) We will arrange for shipment of the product(s) to you. Please check the cart or checkout page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Replacement and Return
All replacement requests will be adjudicated on a case-by-case basis according to our Limited Warranty as set forth in Section 6 below, which solely covers defective products. If you believe you are entitled to a replacement under the Limited Warranty, you must email us at firstname.lastname@example.org to obtain a Replacement Authorization (”RA”) number. No replacement orders will be processed without an RA number. If a requested replacement is determined to be applicable pursuant to our Limited Warranty, we may request that you return the product for investigation or analysis, and will provide you with instructions on whether you should return or dispose of the product, along with responsibility for shipping and handling with respect to returned products. In either event, your replacement product will be shipped within ten days of your issuance of an RA.
6. Limited Warranty
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
WE WARRANT THAT DURING THE WARRANTY PERIOD (AS DEFINED BELOW), THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM QUALITY DEFECTS IN MATERIALS AND WORKMANSHIP. WE DO NOT WARRANT, MAKE, OR EXTEND ANY GUARANTEE OF PARTICULAR OR TANGIBLE RESULTS FROM USE OF THE PRODUCTS AND THIS WEBSITE DOES NOT MAKE OR PROVIDE ANY MEDICAL ADVICE OR DIAGNOSIS NOR AUTHORIZE THE USE OF THE PRODUCT IN RELATION TO ANY MEDICAL CONDITION OR DIAGNOSIS. THE PRODUCT IS NOT DESIGNED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. THE LIMITED WARRANTY IS SOLELY APPLICABLE IF YOU USE AND STORE THE PRODUCT ACCORDING TO ALL LABELING INSTRUCTIONS AND SPECIFICATIONS, AND WE ARE NOT RESPONSIBLE FOR ANY FAILURE TO COMPLY WITH THOSE INSTRUCTIONS.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPLACEMENT AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
(a) Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products from the Website. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
(b) What Does This Warranty Cover?
This limited warranty covers during the Warranty Period (as defined below) quality defects in materials and workmanship in products purchased from the Website.
(c) What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:
(iii) improper use;
(iv) failure to follow the product instructions and labeling;
(vi) combination or use with any products, materials, processes, systems or other materials not provided or authorized in writing by GV Healthcare; or
(vii) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
(d) What is the Period of Coverage?
This limited warranty starts on the date of delivery of your order and lasts for 30 days for each bottle purchased in the order, with the presumption that the Limited Warranty for single orders of multiple bottles will begin on the date of delivery, with each new bottle being opened 30 days after the previous bottle, so that, for purposes of illustration, if an order is placed for three bottles, the limited warranty for the first bottle begins on the date of delivery of the order, and continues for an additional 30 days for each additional bottle in the order for a total of 90 days of coverage of the Limited Warranty (the “Warranty Period”), provided however that no Warranty Period will last for longer than 180 days from the date of order, regardless of how many bottles are purchased in a single order. The Warranty Period is not extended if we replace a warranted product, but shall cover the period that is 30 days from the date of delivery of the replaced product.
(e) What Are Your Remedies Under This Warranty?
With respect to any defective products during the Warranty Period, we will, in our sole discretion, replace such products free of charge, either after instructing you to dispose of or to return us the defective product for further investigation and/or analyses. We will also pay for shipping and handling fees to return the replacement product to you, if we determine that the product is covered by the Limited Warranty and have therefore issued an RA number to you.
(f) How Do You Obtain Warranty Service?
To obtain warranty service, you must email our Customer Service Department at email@example.com during the Warranty Period to obtain an RA number. No warranty service will be provided without an RA number.
(g) Limitation of Liability.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
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.
(h) What can you do in case of a dispute with us?
The dispute resolution procedure detailed in Section 11 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
7. Goods Not for Resale or Export
You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products from the Website for your own personal or household use only, and not for resale or export. Products purchased from the Website may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).
9. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
10. 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 Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware.
11. Dispute Resolution
(a) YOU AND GV HEALTHCARE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.
(b) In any dispute, NEITHER YOU NOR GV HEALTHCARE WILL 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.
If any provision of this Section 11 is found unenforceable, the unenforceable provision will be severed and the remaining terms will be enforced.
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.
13. 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 GV Healthcare.
14. No Third Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to firstname.lastname@example.org; or (ii) by personal delivery, overnight courier or registered or certified mail to Grail Ventures LLC dba GV Healthcare, Attn: Corporate Counsel, 1000 N. West Street, Suite 1200, Wilmington, DE 19801. We may update the email address or address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by email transmission or overnight courier will be effective one business day after receipt is confirmed. Notices provided by registered or certified mail will be effective three business days after they are sent.
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.