Terms and Conditions
Definitions
Buyer means the individual or organization that buys or agrees to buy the Goods from the Seller.
Consumer shall be the person for whom the purchase is made.
Contract means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions.
Goods means the articles that the Buyer agrees to buy from the Seller.
Seller means
S&W Nutrition PO Box 299, West Sacramento, CA 95691
Buyer means
The Customer who places an order, via the website, telephone or by letter.
Terms and Conditions means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller.
Conditions
Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. Any complaints should be addressed to the Seller’s address at S&W Nutrition PO Box 299, West Sacramento, CA 95691
Ordering
All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process Section.
Age of Consent
Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
Price and Payment
The price of the Goods shall be that which is stipulated on the Website. The price includes delivery charges.
The total purchase price, including delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel
Payment of the price plus delivery charges must be made in full before dispatch of the Goods.
Delivery
Orders will normally be shipped within 7 (Seven) working days of acceptance of order.
Where specific delivery dates have been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
The Seller shall use its reasonable endeavor’s to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
International Shipping Information
If the country your order is being delivered to isn’t in the United States, then any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be.
Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from S&W Nutrition, you are considered the importer of goods and must comply with all laws and regulations of the country in which you are receiving the goods.
Please be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
Right of seller
The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
The Seller reserves the right to withdraw any goods from the Website at any time.
The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
Cancellation and return
The Consumer shall inspect the Goods immediately upon receipt and shall notify the Seller within 3days of delivery confirming in writing if the Goods are damaged or do not comply with any of the Contract. If the Consumer fails to do so the Consumer shall be deemed to have accepted the Goods. As the product is an oral product once used or the shrink wrap seal has been broken, it cannot be returned. Orders can be cancelled any time prior to shipping. Once shipped if returned unopened, the Consumer will be responsible for both the outbound and return shipping costs plus any restocking fee deemed necessary, up to a maximum of 10% of the purchase price.
Limitation of liability
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
Waiver
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
Website Postings
S&W Nutrition reserves the right to edit or delete any content posted on any part of S&W Nutrition’s website at any time by customers or third parties, including, but not limited to, the “Guestbook” and “Forum” sections of the website.
Force Majeure
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
Severance
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
Changes To Terms
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law the State of California and the parties hereby submit to the exclusive jurisdiction of the Placer County, CA courts.
Disclaimer
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO OUR SITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
Furthermore, the Content is not intended to be a substitute for the services of trained professionals in any field, including, but not limited to, medical matters. Always seek the advice of your physician with any questions you may have regarding your physical or mental health and wellness. If you think you may have a medical emergency, call your doctor or 911 immediately. We make no representations or warranties concerning any treatment, action, application or usage of dietary supplements, medication, preparation or other product or service by any person following the information offered or provided within or through the Sites. Reliance on any information appearing on a Site is strictly at your own risk. Neither we, our affiliates nor any of the officers, directors, owners, employees, agents, representatives and assigns of each will be liable for any direct, indirect, consequential, special, exemplary or other losses or damages that may result including, but not limited to, economic loss, injury, illness or death.
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Site content is intended for educational and entertainment purposes only. Such content is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical or wellness condition. You should not act or refrain from acting on the basis of any content included in, or accessible through, the Sites without seeking the appropriate medical or other professional advice on the particular facts and circumstances at issue from a doctor or other trained health care professional licensed in the recipient's state, country or other appropriate licensing jurisdiction.