Terms and Conditions of Sale
Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH CYVITA, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and Cyvita. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site, by telephone, facsimile or otherwise. (References to "you" or "your" shall relate to the Customer; references to "Cyvita" shall relate to Cyvita and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and Cyvita relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by Cyvita. In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN ORANGE COUNTY, CA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by Cyvita is Cyvita'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).
If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country.
General Legal Disclaimer
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, CYVITA HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. REFUND OF PRICE PAID OR REPLACEMENT OF PRODUCT IS YOUR EXCLUSIVE REMEDY.
Pricing and Information Disclaimer
By clicking the “Process Order/Place Order” button you are agreeing to purchase the supply you placed into your cart. If you are purchasing the TRIAL ($9.95) or ONE bottle of Cyvita ($59.40), you are agreeing to enrollment in our auto-shipment program. You have no obligation to buy anything in the future as long as you call to cancel the auto-shipments. As part of this offer, if you do not cancel, we will automatically send you a fresh full size supply of Cyvita beginning either 12 days or every 30 days and every 30 days thereafter for just $59.40, charged to the same card you provided. You may cancel by calling 1-866-535-0921. Cancel anytime. Applicable Local Sales Tax will be added for the following states CA and NV. I UNDERSTAND THAT THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION AND THAT I MAY BE LIABLE FOR PAYMENT GOODS AND SERVICES UNDER THE TERMS AND CONDITIONS OF SALE, IF I FAIL TO NOTIFY THE SUPPLIER NOT TO SUPPLY THE GOODS OR SERVICES DESCRIBED BY PLACING MY ORDER, I PROVIDE MY ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST MY CREDIT OR DEBIT ACCOUNT UNLESS I CALL TO CANCEL.
All pricing is subject to change. For all prices, products and offers, Cyvita reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
While Cyvita uses reasonable efforts to include accurate and up-to-date information on the Site, Cyvita makes no warranties or representations as to the Site's accuracy. Cyvita assumes no liability or responsibility for any errors or omissions in the content on the Site.
Limitation of Liability
CYVITA 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. CYVITA WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, CYVITA IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), CYVITA's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision included in this Sale Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and CYVITA. Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in ORANGE COUNTY, CA. Judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
THIS SALE AGREEMENT AND ARBITRATION CLAUSE DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE NAF PROCEDURES OR RULES WOULD. YOU AGREE THAT, BY ENTERING INTO THIS SALE AGREEMENT, YOU AND CYVITA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Orders; Payment Terms; Interest; Taxes
Terms of payment are within CYVITA's sole discretion, and unless otherwise agreed to by CYVITA payment must be received by CYVITA prior to CYVITA's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by CYVITA Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. CYVITA may invoice parts of an order separately. Orders are not binding upon CYVITA until accepted by CYVITA. Any quotations given by CYVITA will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
Shipping and handling charges on all orders vary; contact your CYVITA Customer Service for our most current and competitive rates, options and shipping specials. We do offer a RUSH shipping option for $5.95, which guarantees your order to be shipped first from our warehouse. Cyvita comes with FREE shipping on all orders, except if you elect the RUSH shipping option. Orders are sent in a discreet package by one of the main carriers, USPS, DHL, FedEx, USPS. All packages are shipped within 24 to 48 hours after order is placed.
Due to the nature of the product, we do not accept returns on any open supply of CYVITA. If a return is requested and approved, you will be refunded less shipping and handling charges. Return Merchandise Authorizations (RMA) must be received from Customer Service by emailing firstname.lastname@example.org and the RMA must be written on the outside return shipping envelope/box. Postage for a return of CYVITA is the customers’ responsibility.
By ordering any product from CYVITA, whether by over the Internet, telephone, facsimile or otherwise, the Customer agrees to be bound by these Terms and Conditions, as well as any other contract terms contained elsewhere on the CYVITA site.
Credit card charges are processed online after ordering the products and/or services.