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These ProBiora Health, LLC (PBH) Terms and Conditions of Sale are the sole and exclusive statement of the parties’ understanding and agreement with respect to the
transactions contemplated by this sale, notwithstanding any other terms that might be contained in any purchase order or other document received from buyer or submitted to PBH. These Terms and Conditions of Sale apply to sales of ProBioraPlus, ProBioraPro, ProBioraPet or ProBioraXtra and any other products sold by PBH (the “Products”) by phone, facsimile or email order or via ecommerce through www.probiorahealth.com or other websites selling the Products; including but not limited to www.probioraplus.com, www.probiorapro.com or www.probiorapet.com
By placing an order with PBH you are offering to purchase the Products on and subject to these terms and conditions. All orders are subject to Product availability and confirmation of the order price. This constitutes a sales contract (“Contract”) between PBH and the buyer identified on the face hereof in Bill To or as identified on the website (“Buyer”). Any purchase and sale of the Products shall be subject to, and shall be governed by these Terms and Conditions unless superseded by a separate agreement relating to the Products signed by PBH and Buyer (“Agreement”).
An order from a Buyer is deemed to be an offer to purchase, which PBH may accept or reject in its sole discretion. PBH’s acceptance of an offer to purchase is binding on
PBH only if made by written instrument or, if not by written instrument, by shipment of the Products ordered (and acceptance by shipment shall only be binding as to the
portion of the order actually shipped by PBH). Contact PBH directly to request an order change. Fees may apply. Once order has shipped no changes or cancellations will be accepted. Unless identified otherwise on invoice or acknowledgement email, shipment(s) and title to the Product shall be “Ex Works” Point of Shipment, as designated by PBH. Delivery costs will be charged in addition to the cost of Products; such additional charges are clearly displayed where applicable and included in the total cost on the invoice.
Pricing and Availability
While PBH will try to ensure that all details, descriptions and prices which appear on website(s) are accurate, errors may occur. If we discover an error in the price of any
Products ordered, we will inform Buyer of the error as soon as possible and give Buyer the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact Buyer we will treat the order as cancelled. If Buyer cancels and has already paid for the Products, Buyer will receive a full refund if cancelled prior to
Shipment and Delivery
Product shipment may vary according to availability, and is subject to any delays resulting from carrier delays and force majeure events, for which PBH will not be
responsible. Any delivery dates quoted or acknowledged by PBH are given solely for Buyer’s information and do not constitute a commitment by PBH to deliver Products
accordingly. PBH shall make reasonable effort to meet the delivery dates quoted or acknowledged, but shall not be liable for any failure to meet such dates.
Upon receiving any Product order, PBH may carry out a standard authorization check on a Buyer’s credit/debit card or electronic payment to ensure there are sufficient funds to fulfill the transaction. Your payment choice will be debited upon authorization being received. The monies received by debiting a Buyer’s payment choice shall constitute a deposit against the value of the Products ordered. Once the Products have been shipped and you have been sent a confirmation email, the monies held as a deposit shall be used as consideration for the value of Products as listed in the confirmation email. Any amounts not paid by Buyer when due to PBH shall be subject to penalty, from the date due until paid, at the rate of one percent (1.0%) per month, or the highest interest rate allowable by law (whichever is less), payable monthly. If any amounts due to PBH from Buyer, for any reason, become past due, PBH may at its option, and without further notice, withhold further shipment of Products until all invoices and penalties have been paid in full.
Unless indicated on the invoice that PBH has collected taxes, Buyer shall be responsible for any national, state or local sales, use, value added or other tax, tariff, duty or assessment levied or imposed by the United States or any foreign governmental authority arising out of or related to transaction(s) of the Product(s).
Privacy of Information
PBH takes the online and offline protection of your information very seriously. Wherever we collect personally identifiable information (such as credit card data), that information is encrypted and transmitted to us in a secure way. Only employees who need the information to perform a specific job (for example, billing or customer
service) are granted access to personally identifiable information. Additionally, the computers/servers in which we store personally identifiable information are kept in
a secure, protected environment.
For Product shipments direct to consumer, PBH offers a 30 day money back guarantee, less shipping and handling. This applies once per household per Product. Refund will be processed within 10 business days after returned Product is received by PBH. Otherwise, no Product will be accepted for return unless packaging is damaged in shipment. Buyer must notify PBH in writing, including photo documentation, and any damaged Product must be returned within 30 days of shipment for exchange of like Product. All shipping to be paid by Buyer. Refunds will not be issued for non-delivered items if shipping address is incorrect on order.
Handling and Storage
Buyer shall comply with handling and storage requirements for the Products as established by PBH, including storage in a clean, dry, cool climate controlled environment. PBH recommends maintaining Product storage temperature between 40 -77°F (4 -25°C). The expiration date as printed on a Product applies to unopened, properly stored Product only. Prolonged exposure to heat in excess of 77°F, moisture, and high humidity will cause degradation of the Product; storage in adverse conditions voids any warranty. Store Product at room temperature, away from direct sunlight. After opening, always replace cap promptly, store Product in closed container, and do not remove desiccant from bottle. If stored properly, Product shelf life is 120 days after opening. Product will be considered opened 60 days from date of sale.
PBH makes no warranties or representations to Buyer or any other person with respect to the Products or any services provided to Buyer except that all Products sold to Buyer will conform to the applicable respective information provided on product packaging (the “Limited Warranty”). The Limited Warranty shall not apply after the expiration date listed on the applicable Products and shall only apply to Products with a printed expiration date. Buyer’s failure to comply with the Products’ handling and storage requirements will void the Limited Warranty. All Product sales to Buyer will include and be subject to PBH’s standard Limited Warranty, warranty disclaimers, and limitations on liability in effect for the Products at the time of shipment of the Products to Buyer, unless expressly agreed otherwise in a separate document replacing these Terms and Conditions and signed by authorized representatives of the Parties. Buyer shall notify PBH of the Products’ failure to comply with the Limited Warranty within ten (10) days of discovering the failure. Buyer’s damages for the Products’ failure to comply with the Limited Warranty shall be limited to the price paid for the nonconforming Products. THE LIMITED WARRANTY REFERRED TO HEREIN IS THE ONLY WARRANTY, EXPRESS OR IMPLIED, THAT PBH MAKES WITH RESPECT TO THE PRODUCTS. PBH SPECIFICALLY DISCLAIMS ALL OTHER IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Buyer shall not do anything that will in any manner, directly or indirectly, infringe, impeach, dilute, or lessen the value of the PBH Marks or the PBH Intellectual Property including without limitation its patents, copyrights, or other intellectual property of PBH or the goodwill associated therewith, or that will tend to prejudice the reputation or image of PBH or of any PBH Products. No implied license, patent, copyright, or other intellectual property right of PBH is granted hereunder or otherwise.
No waiver by PBH of any of PBH’s Terms and Conditions of Sale, or any breach hereof, shall constitute or be deemed to be a waiver of any such term or any such breach in any other case. No waiver shall be deemed to occur as a result of the failure to enforce any of these Terms and Conditions of Sale. If any clause or portion hereof is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining clauses or portions shall remain in full force and effect.