Terms and Conditions of Sale
THE CUSTOMER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. ALL ORDERS FOR GOODS BY YOU ARE SUBJECT TO ACCEPTANCE BY Lymphedivas™ LLC AND SHALL BE ACCEPTED UPON THE FOLLOWING EXPRESS TERMS AND CONDITIONS, AND SUCH TERMS AND CONDITIONS, WHICH SHALL CONSTITUTE THE ENTIRE CONTRACT BETWEEN YOU AND Lymphedivas LLC. NO MODIFICATIONS TO THESE TERMS AND CONDITIONS, AND NO WAIVER THEREOF, SHALL BE EFFECTIVE AGAINST Lymphedivas LLC UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF Lymphedivas LLC.
IMPORTANT INFORMATION ABOUT THIS LEGAL CONTRACT: These terms and conditions constitute a legal contract between the Customer and Lymphedivas™ LLC. The Customer accepts these terms and conditions by making a purchase or placing an order, either by telephone or on our website located at www.lymphedivas.com. (References to “you” or “your” shall relate to the Customer, references to “Lymphedivas™ LLC” shall relate to Lymphedivas LLC and its affiliates.)
In the event of any conflict between the terms and conditions stated on your purchase order and contained herein or any terms and conditions on our invoice, you agree that these terms and conditions shall control.
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 Lymphedivas LLC is Lymphedivas LLC’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility. All estimated delivery dates provided by Lymphedivas LLC are estimates only; actual delivery times may vary.
PAYMENT TERMS. Prepayment is required on all orders via credit card payment. Wholesale customers at the Diva price level are eligible to pay invoices within 30 days of the invoice date either by cash, check, or credit card. Lymphedivas reserves the right to charge a late fee of 1% per month for any invoice not paid within 30 days of the invoice date.
RETURNS. Returns are not accepted after 60 days. A copy of our sales invoice must accompany each return.
PRICING AND INFORMATION DISCLAIMER. All pricing is subject to change. For all prices, products and offers, Lymphedivas LLC reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
TAXES AND DUTIES. Prices do not include any applicable sales, use, excise or similar taxes nor any import duties that may be required in order to ship goods to a foreign country. All such taxes, duties and/or other charges shall be separately billed to Customer. Customer agrees to pay all such amounts.
INTELLECTUAL PROPERTY. The sale and delivery of goods does not constitute a sale or transfer of any right in the pattern, design, label, copyright or other proprietary marks of Lymphedivas LLC or any of its affiliates or business partners. You shall not use the proprietary marks of Lymphedivas LLC or any of its affiliates or business partners except with the specific written permission of an officer of Seller.
FORCE MAJEURE. Lymphedivas LLC will be excused from performing under a sale agreement or any other agreement of which these terms and conditions are part if prevented by an event of force majeure including, but not limited to strike, lockout, or other major trouble affecting labor relations, acts of God, natural disaster or commercial hardship. If any such event of force majeure should last for more than two (2) consecutive months, Lymphedivas LLC may elect to terminate the sale immediately upon giving a written notice to the Buyer.
LIMITATION OF LIABILITY. LYMPHEDIVAS LLC 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. LYMPHEDIVAS LLC WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR US OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, LYMPHEDIVAS LLC 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.
LIMITED WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS (WHETHER STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, SELLER MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND WARRANTIES AGAINST LATENT DEFECTS.
FREIGHT POLICY. Shipping and handling charges on all orders vary. From the date that the order has been confirmed, please allow 5-10 days for shipment in Continental USA, provided the products are in stock.
SEVERABILITY. If any of these terms and conditions are found to be illegal or unenforceable by a court of competent jurisdiction, the remaining terms and conditions will remain in full force and effect.
GOVERNING LAW. These terms and conditions shall be construed in accordance with the laws of the Commonwealth of Massachusetts, USA.