Terms and Conditions
Order Acceptance Policy
Your receipt of an electronic or other form or order confirmation does not signify our acceptance of your order, nor does it constiture confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.
Shipping Carriers; Risk of Loss
Orders are shipped via FedEx unless another shipping method is identified on your order form or order confirmation. All products purchased hereunder are made pursuant to a shipment contract with our carriers. Accordingly, the risk of loss and title for such items pass to you upon delivery of your order to our carrier.
Products purchased are NOT RETURNABLE. However, if a product is damaged or defective upon delivery, or if a product has less than six (6) months shelf life upon delivery, such product may be returned. Such returns must be made within thirty (30) days of receipt of the product.
We shall automatically charge and withhold the applicable sales tax for all orders to be delivered to addresses within California. Each customer shall be solely responsible for all applicable sales taxes, or other taxes, on orders shipped to any other state.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of any web site operated by DSM and your purchase of products through our Sites. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Online Purchase Terms and Conditions, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Online Purchase Terms and Conditions could be subject to criminal or civil penalties.
You must be 18 years or older and have a valid credit card, with full authority to use it, to submit an order through any of our Sites. You agree not to use any of our Sites or any content contained in it for any illegal or inappropriate activities.
FOR PRODUCTS THAT ARE DAMAGED OR DEFECTIVE UPON DELIVERY, OUR SOLE LIABILITY WILL BE TO REFUND THE PURCHASE PRICE OR TO REPLACE AND DELIVER EQUIVALENT PRODUCT ITEMS, AS APPROPRIATE, AS SOON AS REASONABLY POSSIBLE. THE APPLICABLE REQUEST FOR RETURN AND REFUND MUST BE BROUGHT WITHIN THIRTY (30) DAYS AFTER DELIVERY, AFTER WHICH WE SHALL NOT BE LIABLE AND YOU WILL HAVE WAIVED ANY AND ALL RELATED CLAIMS REGARDING SUCH PRODUCT ITEMS.
EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, GUARANTEES, WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH REPSECT TO PRODUCTS SOLD ON OUR SITES, OUR SITES AND OUR SITES USE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction.
Limitation of Liability
YOU AGREE THAT, EXCEPT AS EXPLICTLY SET FORTH HERIN, DSM, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES RELATED TO PRODUCTS SOLD OR THE OPERATION, CONTENT OR USE OF OUR SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUES, DATA AND USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITES OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBLITY OF SUCH DAMAGES.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation my not apply to you.
You agree that any legal action brought against us shall be governed by the laws of the State of Maryland, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on any one of our Sites shall be an appropriate federal or state court located in Delaware. We make no representation that the content in our Sites is appropriate for access outside the United States. Those who choose to access any one of our Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Online Purchase Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
By using any one of our Sites, you agree to indemnify and hold DSM, its subsidiaries, affiliates officers, directors, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use of such Site, including providing a link to another sites or uploading any content to such Site.
If any provision of the Online Purchase Terms and Conditions is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
Section titles in the Online Purchase Terms and Conditions are for convenience and do not define, limit, or extend any provision of the Online Purchase Terms and Conditions.
How to Contact Us
If you have any comments or questions, please do not hesitate to contact us at firstname.lastname@example.org or write us at: Nutritional Products, 6480 Dobbin Road, Columbia, MD 21045, ATTN: Customer Service