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Signed in as:
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MyCoachVero Terms
THESE TERMS OF SALE (THESE "TERMS OF SALE") GOVERN YOUR PURCHASE OF ANY PRODUCT OR SERVICE OFFERED BY MyCoachVero,LLC. ("MyCoachVero", "US" OR "WE") THROUGH WWW.MYCOACHVERO.COM (THE "SITE") OR (UNLESS OTHER TERMS OF SALE ARE EXPRESSLY AGREED BETWEEN THE PARTIES IN WRITING) BY TELEPHONE, FACSIMILE, E-MAIL OR BY VISIT TO OUR PREMISES. PLEASE READ THESE TERMS OF SALE CAREFULLY. THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY PLACING AN ORDER, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THESE TERMS OF SALE, WITHOUT LIMITATIONS OR QUALIFICATIONS OF ANY SORT. THESE TERMS OF SALE ARE SUBJECT TO MODIFICATION WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME IN OUR SOLE DISCRETION. YOU SHOULD PERIODICALLY REVIEW THESE TERMS OF SALE TO ENSURE THAT YOU REMAIN UP TO DATE ON ALL SUCH CHANGES.
Prices
Prices shall be our published prices for the products or as otherwise quoted by us to you in writing. Unless otherwise specified by us, any written or electronic price quotes we may provide from time to time are valid only for the period specified in such quote. We reserve the right to increase the price for any product without notifying you (provided, that we will not increase prices for products that have been previously ordered by you but not yet shipped). We are not responsible for any errors on the Site. In the event a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers or manufacturers, we reserve the right to refuse or cancel any orders placed for that product listed at the incorrect price.
No Minimum Order
We do not require a minimum dollar amount for orders. The minimum quantity required may vary between products. Promotions may require minimum dollar amounts or purchase quantities to qualify for promotional pricing or products.
Tax Information
All prices are net of any sales, use, excise, value-added, and similar taxes imposed by any governmental authority regardless of how denominated; and any international shipping charges, broker's fees, consular fees, and customs duties, which shall all be your sole responsibility. You shall pay all such taxes or charges. In the event (I) we are required to pay any taxes or other charges for which you are responsible, you shall promptly repay these amounts to us immediately upon receipt of our invoice, or (ii) we ship any product(s) internationally which have been pre-paid, we have the right to cause such product(s) to be returned or otherwise disposed of in the event you fail to pay any customs or duties required to be paid by the agreed-upon shipment terms.
Payment Terms
We accept payment by VISA, MasterCard, Discover, American Express and PayPal. Your credit card, debit card, or PayPal payment method will be charged at the time any order is placed. You agree to address any product and transaction claims solely with us and not to initiate, under any set of circumstances, charge refusals or chargebacks with credit card issuers, and you agree to indemnify us for any expenses or damages we may suffer on account of the initiation by you of any such charge refusal or charge-back.
Security When Ordering
We understand that online credit card security is of great concern to our customers. So when you enter your credit card number and billing information into our system, it is immediately and securely sent to our bank for verification. We never store our customers' credit card numbers in our system. We use GoDaddy technology to provide you with the safest, most secure shopping experience possible.
Shipping
Order characteristics such as size, weight, and distance will determine the method for delivering your order. Orders will ship as selected by the Customer at the time the order is placed. Shipping fees are calculated per order and displayed to the Customer before order completion and collection of payment. All shipping fees are charged at the time the order is placed and are considered final.
If a shipping rate is quoted incorrectly due to typographical error or error in pricing information, we shall have the right to refuse, adjust, or cancel the applicable order whether or not the order has been confirmed or whether or not payment has been remitted. We shall make every reasonable effort to meet your specified delivery date, but in no case shall we be liable to you if we are unable to meet such a date.
It is your responsibility to provide accurate contact and shipping information. Additional shipping charges may apply if we or the shipper are unable to contact you, if you are not available to receive the shipped products, or if products are redirected at your request. In the event the delivery location is not entered correctly, we or the motor freight carrier will bill you directly for any additional shipping, handling, or other fees.
We will not be held liable for shipments directed to an address other than the shipping address on the original order.
We do not prepare orders selected for pick up for shipping or transport via a third party. mycoachvero reserves the right to refuse delivery to a common carrier or other third party attempting to pick up an order on behalf of the Customer.
mycoachvero does not support the use of freight forwarding services. Customers engage freight forwarders at their own risk. Mycoachvero will not complete or sign any documentation from freight forwarding companies or forwarding agents.
Returns and Refunds
Mycoachvero offers a sixty (15) day guarantee on all of our products. If the product is defective, we’ll happily refund 100% of the purchase price and pay the return shipping. If the product is not defective and simply unwanted, we will not accept the return or refund for the full value of the product.
To submit a return or report a damaged or defective product for a refund, please contact us directly on the Return and Replacement.
Warranty; Disclaimer
We agree to transfer to you, to the extent we are permitted to do so, any warranties that we have received from our suppliers or manufacturers concerning the products sold through the Site. In that case, we will have no product warranty obligations to you. As an accommodation to you, we will, in certain cases and at our sole discretion, provide reasonable assistance in the processing of product returns for which we have no warranty obligations hereunder. Where a product is warrantied, but we are not permitted to transfer the warranty to you, we will warrant that upon delivery to you (and at no other time), the products purchased will substantially conform to the applicable manufacturer's specifications for such products under the same terms as warranted by the manufacturer to us. Except for this limited warranty which we make solely to you and the extent permitted by law, WE MAKE NO WARRANTIES, GUARANTEES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, OR RESPECTING NON-INFRINGEMENT OR AS TO THE ACCURACY OF ANY CONTENT IN ANY CANDLE SCIENCE LITERATURE OR POSTED ON THE SITE. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF PRODUCTS PURCHASED FROM CANDLE SCIENCE COMPLIES WITH LOCAL AUTHORITY CODES AND ALL REGIONAL, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS. Our warranty obligations concerning products and your exclusive rights under our warranty are limited, at our option, to repair or replace the products under the Return Material Authorization procedure described above, or to refund the purchase price paid by you for the affected products.
Reselling by You
The products and services available on the Site are for personal and/or professional use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us without our express written permission. mycoachvero reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of these Terms.
You shall be solely responsible for providing support to your resellers or customers. You agree to indemnify and hold us harmless from any claims asserted by a third party, regardless of the theory under which such claim is asserted, arising out of the resale or distribution of any products by you. Also, you are not authorized to use any of our trademarks or trade names or those of our manufacturers or suppliers without our or their consent.
Unauthorized Use of Products
The products sold by us are not intended or authorized for use with any real-time application in which failure of the products could create a situation where personal injury or death may occur. Many of our products, if not used correctly, can cause fires, injury, or even death. While we may, from time to time, offer tutorials or guides within various portions of the Site (such as our Wick Guide), you are responsible for ensuring that you are using all products purchased from us safely and appropriately.
Mycoachvero shall not be liable for any claims, damages, or injuries caused by your negligence, the negligence of any of your customers, the misuse of any of our products or services by you or any third party to which you provide access to our products, or any other damages or injuries arising out of your use of any of our products. You agree that you will not use or knowingly sell the products to your customers who intend to use the products in an inappropriate manner or any unauthorized applications. We and our suppliers shall have no liability when products are used in conjunction with such applications.
Limitation of Liability
NEITHER OF US SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE, LOSS OF DATA, PROCUREMENT COSTS, OR BUSINESS INTERRUPTION COSTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES OVER (X) THE PURCHASE PRICE OF THE PRODUCTS GIVING RISE TO SUCH CLAIM REGARDLESS OF THE THEORY UNDER WHICH SUCH CLAIM IS ASSERTED, OR (Y) FOR ALL OTHER TYPES OF CLAIMS, THE AGGREGATE AMOUNT PAID BY YOU TO MYCOACHVERODURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE APPLICABLE CLAIM.
The collective limitations on our liability under these Terms of Sale apply also to our suppliers who are intended beneficiaries of these limitations.
Export Control
You agree not to export or re-export any product or technical data except in full compliance with the export control laws and regulations of the United States government, its departments and agencies, or import or re-export any product or technical data except in full compliance of the laws of the jurisdiction into which, or from which, such product or technical data is being imported or re-exported.
Force Majeure
Except for payment obligations, neither of us shall be liable for any failure to perform due to causes beyond our reasonable control, respectively, including but not limited to acts of God or nature, war, fire, bad weather, flood, accident, labor trouble or shortage, civil disturbance, plant shutdown, equipment failure, voluntary or involuntary compliance with any applicable governmental regulation or order, or shortage or inability to obtain (on terms deemed practicable by the party affected) any raw materials (including energy), equipment or transportation. In cases of material shortages, we reserve the right to allocate the delivery of affected materials as we see fit. The time for performance shall be extended by the period of the applicable force majeure event.
Intellectual Property
You hereby recognize mycoachvero intellectual property rights in its name, the Site, and all other intellectual property owned by mycoachvero, and nothing herein shall be deemed to assign ownership of any such intellectual property to you. Our intellectual property may include, but is not limited to, patents, patent applications, copyrights (including drawings, prints, manuals, and specifications), trademarks and service marks (registered or unregistered) and applications thereof, "trade dress", and technical, proprietary, and confidential information. You affirm that you are obtaining the products or services sold through the Site for use as intended. You will not reverse-engineer or use any product to develop similar products to those purchased from the Site, nor will you knowingly or willingly permit your customers, employees, contractors or affiliates to do the same. For purposes of these Terms of Use, "reverse engineering" includes, but is not limited to, disassembly of a product or discovery of the chemicals or other components of a fragrance, or utilization of our specifications and/or literature to develop one or more similar or derivative products or services that can be reasonably regarded as competitive with our offerings.
Independent Contractors
Neither mycoachvero nor Customer shall be deemed to be the agent or legal representative of the other for any purpose whatsoever. We are independent contractors and neither of us shall represent or hold ourselves out in any other capacity.
Compliance with Laws
Each of us agrees to comply with all laws and regulations applicable to our respective performance under these Terms of Sale and in the conduct of our business operations and to be responsible for obtaining any approvals or licenses necessary to maintain such compliance.
Assignment
You may not assign these Terms of Sale, by operation of law or otherwise, without our prior written consent. Any assignment attempted in violation of this provision shall be void and of no legal effect.
Representations and Warranties
You hereby represent and warrant that you have the authority to enter into this agreement, that these Terms of Use are binding on you and/or the company for which you are an employee or agent, and that you are, as of the date hereof, and will be, as of the date of any order, solvent.
Governing Law
These terms and conditions shall be governed and construed by the laws of the state of North Carolina excluding its choice of law provisions. The United Nations Convention for the International Sale of Goods shall not apply.
Other Sales
Nothing herein shall be deemed to limit or restrict our ability to sell products or services to, or otherwise work, with any other company, business, or individual, including, without limitation, your direct competitors.
Entire Agreement
These Terms of Sale and the transaction-specific terms of any order accepted by us in writing represent our entire agreement concerning your order. No modification amendment or waiver of rights will be effective except in a written document signed by both of us. Waiver of any breach or default will not constitute a waiver of any other right hereunder or any subsequent breach or default. We reserve the right to alter or change these Terms of Sale at any time concerning future orders that you may place with us.
Severability
If any provision of these Terms of Sale is held illegal, unenforceable, or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such provision shall be deemed severed from these Terms of Sale and the validity of the remainder of these Terms of Sale shall not be affected thereby.
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