Terms and Conditions of Sale
PLEASE READ THIS DOCUMENT CAREFULLY. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
These terms and conditions ("Agreement") apply to your purchase of products ("Product") sold in the United States by MD-7 Cosmeceuticals. By accepting
delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must
notify MD-7 Cosmeceuticals and return your purchase pursuant to MD-7 Cosmeceuticals's return policy.
This Agreement will apply unless (i) you have a separate purchase agreement with MD-7 Cosmeceuticals, in which case the separate agreement shall
govern; or (ii) other MD-7 Cosmeceuticals terms and conditions apply to the transaction.
This Agreement may not be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement
signed by both you and MD-7 Cosmeceuticals. If you do not receive an invoice or acknowledgement in the mail, via e-mail, or with your Product, information
about your purchase may be obtained by contacting your sales representative.
Payment Terms; Orders; Quotes; Interest
Terms of payment are within MD-7 Cosmeceuticals's sole discretion, and unless otherwise agreed to by MD-7 Cosmeceuticals, payment must be received
by MD-7 Cosmeceuticals prior to MD-7 Cosmeceuticals's acceptance of an order. Payment for the Product will be made by credit card, or some other
prearranged payment method unless credit terms have been agreed to by MD-7 Cosmeceuticals. Invoices are due and payable within the time period noted
on your invoice, measured from the date of the invoice. MD-7 Cosmeceuticals may invoice parts of an order separately. Your order is subject to cancellation
by MD-7 Cosmeceuticals, in MD-7 Cosmeceuticals's sole discretion. Unless you and MD-7 Cosmeceuticals have agreed in writing to a discounted price,
the retail price shall apply. MD-7 Cosmeceuticals is not responsible for pricing, typographical, or other errors in any offer by MD-7 Cosmeceuticals and
reserves the right to cancel any orders resulting from such errors.
Shipping Charges; Taxes; Title; Risk of Loss
Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to products passes from MD-7 Cosmeceuticals to
Customer on shipment from MD-7 Cosmeceuticals's facility. Loss or damage that occurs during shipping by a carrier selected by MD-7 Cosmeceuticals is
MD-7 Cosmeceuticals's responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify MD-7
Cosmeceuticals within 21 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless
you provide MD-7 Cosmeceuticals with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location,
you are responsible for sales and other taxes associated with the order. Shipping dates are estimates only.
YOU AGREE THAT MD-7 COSMECEUTICALS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, FOR ANY SPECIFIC USE, OR THAT PRODUCT IS
FIT FOR ANY PARTICULAR PURPOSE OR OTHERWISE. PRODUCT IS SOLD "AS IS".
If you have questions about whether a Product is good for a specific use, you should consult your physician before purchasing the Product.
ANY WARRANTY WRITTEN ON PRODUCT MANUFACTURED BY PARTIES OTHER THAN MD-7 COSMECEUTICALS, MUST BE ADDRESSED TO
THAT MANUFACTURER AND MD-7 COSMECEUTICALS ASSUMES NO LIABILITY FOR SUCH WARRANTY.
Return Policies; Exchanges
MD-7 COSMECEUTICALS’s return policy can be found at http://www.md-7.com/Return_Policy.html and you agree to those terms. You must contact us directly before you attempt to return Product to obtain a Return Material Authorization Number for you to include with your return. You must return Product to us in the original or equivalent packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees may apply. If you fail to follow the return or exchange instructions and policies provided by MD-7 Cosmeceuticals, MD-7 Cosmeceuticals is not responsible for Product that is lost, damaged, modified or otherwise processed for disposal or resale. At MD-7 Cosmeceuticals's discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing.
Changed or Discontinued Product
MD-7 Cosmeceuticals's policy is one of ongoing update and revision. MD-7 Cosmeceuticals may revise and discontinue Product at any time without notice
to you and this may affect information saved in your online "cart." MD-7 Cosmeceuticals may ship Product that is similar to the Product ordered, but changes between what is shipped and what is described on the website or catalog are possible.
Limitation of Liability
MD-7 COSMECEUTICALS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY
LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR DAMAGES FROM USE OF PRODUCT IN A
MANNER INCONSISTENT WITH INFORMATION PROVIDED ON WWW.MD-7.COM OR PROVIDED ON THE BACK LABEL OF THE PRODUCT. MD-7
COSMECEUTICALS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE
PURCHASE OF PRODUCT, MD-7 COSMECEUTICALS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT
INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET
FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
You and MD-7 Cosmeceuticals agree that this Agreement, any sales thereunder, or any claim, dispute or controversy (whether in contract, tort, or otherwise,
whether preexisting, present or future, and including statutory, consumer protection, common law, and equitable claims) between you and MD-7
Cosmeceuticals arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from
this Agreement, MD-7 Cosmeceuticals's advertising, or any related purchase shall be governed by the laws of the State of California, without regard to
conflicts of law.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE,
AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU,
CUSTOMER, AND MD-7 COSMECEUTICALS, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph,
" MD-7 Cosmeceuticals") 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), MD-7 Cosmeceuticals's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY RESOLUTION REMEDIES in accordance with the rules for arbitration provided under California law, as modified by this Agreement. The arbitration will be limited solely to the dispute or controversy between you, customer and MD-7 COSMECEUTICALS. NEITHER YOU, CUSTOMER NOR MD-7 COSMECEUTICALS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non-class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced.
This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). 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. If any customer prevails on any claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.