PLEASE READ THESE ONLINE SHOP TERMS AND CONDITIONS VERY CAREFULLY. THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU AND PERFECT BAR, LLC, A DELAWARE LIMITED LIABILITY COMPANY (“PERFECT BAR”). BY CLICKING ON THE “I ACCEPT” BUTTON AND COMPLETING YOUR ORDER OF PERFECT BAR PRODUCTS (“PRODUCTS”), YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE “I ACCEPT” BUTTON AND ABANDON YOUR PURCHASE OF PRODUCTS.
TERMS OF USE. The Terms of Use for our website located at URL http://www.perfectbar.com (“Home Page”) and all subsidiary pages (collectively “Site”) under the perfectbar.com domain are expressly incorporated into this Agreement by this reference.
ONLINE SHOP. This Agreement covers the terms of our sale and your purchase of Products through our online shop located at http://shop.perfectbar.com (“Online Shop” and with the Home Page and the Site, the “Website”).
CREDENTIALS. You are solely responsible for the supervision, management, and control of your login credentials. PERFECT BAR DOES NOT PROTECT YOU FROM UNAUTHORIZED USE OF YOUR CREDENTIALS. Any person using your login credentials is conclusively deemed to have actual authority to engage in transactions in the Online Shop, and, accordingly, all sales of Products made by a person using your credential are hereby authorized by you. You shall immediately notify Perfect Bar if you become aware of any unauthorized use of your credentials and we will thereafter suspend your account as soon as practicable.
PURCHASES. You are responsible for all Product purchases and amounts due under your login credentials. You are responsible for paying in full the purchase price for Products, the shipping and handling charges and any taxes due as more fully set forth in your Online Shop order.
SHIPPING INSTRUCTIONS. We will ship Products to the address you enter in our Online Shop order form using the shipping method you select.
PACKING AND HANDLING. All Products ordered by you shall be packed in accordance with our standard practices. We will not accept and cannot accommodate any special requests for custom containers, packing, crating, boxing or bundling.
RISK OF LOSS. All Products are shipped EXW and you shall bear the risk of loss upon our delivery of the Products to the common carrier at our shipping location. Any claims for loss, shortage or damage to the Products arising following our delivery to the common carrier should be submitted to the common carrier.
PAYMENTS. You hereby authorize Perfect Bar to charge the full purchase price for Products and the shipping and handling charges and taxes due as more fully set forth in your Online Shop order to the credit card or bank account you provided incident to the order. You assume all responsibility for notifying us of changes in credit card numbers and/or expiration dates or in any change in status of the applicable bank account, as the case may be. If your credit card is denied when charged or if an ACH or other debit to the depositary account is rejected, we may charge and collect from you a “bad account” fee of twenty five ($25.00) dollars for any declined or rejected transaction. You shall additionally be responsible for and shall immediately pay us, on demand, any payments that are made to us that are subject to a subsequent reversal. Questions regarding charges must be brought to the attention of Perfect Bar’s billing department within 90 days after the end of the questioned billing period. Charges beyond 90 days old are not subject to review, reversal or refund. YOU HEREBY REPRESENT AND WARRANT THAT (I) THE CREDIT CARD, DEBIT CARD OR BANK ACCOUNT INFORMATION SUPPLIED TO PERFECT BAR IS TRUE, CORRECT AND COMPLETE, (II) AMOUNTS DUE FROM YOU WILL BE HONORED BY YOUR BANK OR CREDIT CARD COMPANY, AND (III) YOU SHALL PAY FOR ALL YOUR PURCHASES ON THE ONLINE SHOP AT THE PRICES IN EFFECT AT THE TIME INCURRED. You remain solely responsible to pay for Product purchases following declination of your credit card, ACH transaction, eCheck or otherwise.
TAX. You shall be responsible for all sales, use and other taxes and all applicable duties, levies and export fees and similar charges imposed by any federal, state or local government entity with respect to your purchases of Products and authorize us to charge such due amounts in addition to the amounts set forth above.
PRODUCT WARRANTY. Perfect Bar hereby represents and warrants (the “Limited Warranty”) that the Products shall conform to their applicable FDA food label, and be fit for human consumption for the shorter period of (i) 9 months from production date if continuously refrigerated following delivery, or (ii) two weeks from the date of first removal from refrigeration following delivery, if not continuously refrigerated (as applicable, the “Warranty Period”). PERFECT BAR HEREBY DISCLAIMS ALL OTHER WARRANTIES REGARDING THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
LIMITED LIABILITY. PERFECT BAR’S LIABILITY TO YOU IS LIMITED. Perfect Bar will, as its sole liability and as your sole remedy for such failure, replace or refund the full purchase price of any Product that fails to meet the Limited Warranty during the applicable Warranty Period. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PERFECT BAR BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THE LIMITED WARRANTY AND THE REPLACEMENT OR REFUND OF THE PURCHASE PRICE PAID FOR ANY PRODUCT SHALL BE YOUR SOLE REMEDY FOR ANY SUCH FAILURE AND PERFECT BAR’S SOLE LIABILITY IN SUCH EVENT.
SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
GENERAL. In the event a dispute arises regarding this Agreement or the use of the Online Shop or any Products purchased therein, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred, in addition to damages and any other relief to which it is entitled. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Online Shop, or to this Agreement or to the Products must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Agreement without the prior written consent of Perfect Bar, but Perfect Bar may assign or transfer this Agreement, in whole or in part, without restriction. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Perfect Bar may also provide notices to you of changes to this Agreement or other matters by displaying notices or links to notices generally on the Website. This Agreement, including the Terms of Use, constitutes the entire agreement between you and Perfect Bar regarding the subject matter hereof.
MODIFICATIONS. Perfect Bar may, in its sole discretion and without prior notice, (a) revise this Agreement; (b) modify the ingredients of any Products; and (c) discontinue the Website or any Products at any time. Perfect Bar shall post any revision to this Agreement to the Website, and the revision shall be effective immediately on such posting. You agree to review this Agreement and other online policies posted on the Website periodically to be aware of any revisions. You agree that, by continuing to use or access the Website following notice of any revision, you shall abide by any such revision.
ACKNOWLEDGEMENT. BY CLICKING ON THE “I ACCEPT” BUTTON AND COMPLETING YOUR PURCHASE IN OUR ONLINE SHOP, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE ENTER INTO AND BE BOUND BY IT.
