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Terms and Conditions of Sale
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 Rejuvenation Science, a division of Discount Herbs
and Vitamins, Inc., a California corporation. By ordering
products from Rejuvenation Science, 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 REJUVENATION SCIENCE, IN WHICH
CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER
REJUVENATION SCIENCE STANDARD TERMS APPLY TO THE TRANSACTION.
These terms and conditions are subject to change without prior
written notice at any time, in Rejuvenation Science's sole
discretion.
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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 Rejuvenation Science.
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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.
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Payment Terms; Orders; Quotes; Interest. Terms of
payment are within Rejuvenation Science's sole discretion, and
unless otherwise agreed to by Rejuvenation Science, payment
must be received by Rejuvenation Science prior to Rejuvenation
Science's acceptance of an order. Payment for the products may
be made by credit card, wire transfer, or some other
prearranged payment method unless credit terms have been
agreed to by Rejuvenation Science. Invoices are due and
payable within the time period noted on the invoice, measured
from the date of the invoice. Rejuvenation Science may invoice
parts of an order separately. Orders are not binding upon
Rejuvenation Science until accepted by Rejuvenation Science.
Any quotations given by Rejuvenation Science will be valid for
the period stated on the quotation, or one month from date of
quote if no date is specified 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, including attorney fees, if any.
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Shipping Charges; Taxes. Separate charges for shipping
and handling will be shown on Rejuvenation Science's invoice(s).
Unless Customer provides Rejuvenation Science with a valid and
correct tax exemption certificate applicable to the product
ship-to location prior to Rejuvenation Science'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 Rejuvenation Science's net income. If applicable,
a separate charge for taxes will be shown on Rejuvenation
Science's invoice.
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Title; Risk of Loss. Title to products passes from
Rejuvenation Science to Customer on shipment from Rejuvenation
Science's facility. Loss or damage that occurs during shipping
by a carrier selected by Rejuvenation Science is Rejuvenation
Science'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).
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Warranties, Disclaimers. Refund of price paid or
replacement of product is your exclusive remedy. REJUVENATION
SCIENCE 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, REJUVENATION SCIENCE 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.
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Return Policies. Rejuvenation Science products that
are purchased directly from Rejuvenation Science by an
end-user Customer may be returned by Customer in accordance
with Rejuvenation Science's guarantee in effect and posted on
Rejuvenation Science's website on the date of the invoice.
Orders refused by the customer and returned to Rejuvenation
Science in good, resalable condition are eligible for refund,
less shipping costs and a 15 percent restocking fee. If
a customer chooses automatic order refills and subsequently
refuses their packages, the customer may be charged for
shipping on their initial order in addition to shipping and
restocking fees on their refused order. Simply calling and
canceling an automatic reorder before it is shipped will avoid
the necessity for incurring these fees.
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Products. Rejuvenation Science's policy is one of
on-going product update and revision. Rejuvenation Science.
may revise and discontinue products at any time.
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Limitation of Liability. REJUVENATION SCIENCE DOES NOT
ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN,
INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY REASON.
REJUVENATION SCIENCE 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.
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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
Rejuvenation Science, Discount Herbs and Vitamins, Inc, its
agents, employees, successors, assigns or affiliates
(collectively for purposes of this paragraph, "Rejuvenation
Science") 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), Rejuvenation Science'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 Rejuvenation Science. The
arbitration shall be held in Los Angeles County, California at
the office of Rejuvenation Science, 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.
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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. Rejuvenation Science has separate terms and conditions
governing resales.
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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.
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Acceptance. By ordering any product from Rejuvenation
Science, 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
Rejuvenation Science site.
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International Orders. It is the responsibility of our
customers to be sure that they are allowed to import
nutritional supplements from the U.S.
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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. Rejuvenation Science 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.
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In the
event an order is returned to Rejuvenation Science 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 charges for returned orders are not refundable.
15.
Black Market Product. If you find our products anywhere
other than a medical professional office or on our website (or
our sister-company Discount Vitamins), it
is either counterfeit or black market diverted product. We
accept no responsibility whatsoever for these counterfeit or
black market products.
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