TERMS AND CONDITIONS
These Standard Terms and Conditions of sale apply to all sales of goods, inventory, products or services by Natural Community Review, LLC and its subsidiaries.
Except for the terms of any online purchase or Invoice relating to prices, quantities, delivery schedules, payment terms or shipping instructions (or as may otherwise be mutually agreed upon between us in writing and referencing the Terms), we hereby object to any additional or different terms and conditions which have been or may be otherwise proposed by you, all of which are deemed material, and any acceptance by us is expressly limited to the Terms as supplemented by any applicable Invoice.
The Terms are subject to periodic review and updating. We reserve the right to update and revise the Terms without further notice and you should visit our website www.cannajointrelief.com to review the most current version of the Terms. Sales will be subject to the version of the Terms current as of the date of the online purchase or Invoice or, in the absence of an Invoice, the date of shipment of the Goods. By placement or acceptance of any order, you agree to these terms and conditions.
1. Definitions. The terms we, our, us and seller mean Natural Community Review, LLC and its subsidiaries; you, your and purchaser mean the purchaser of the Goods identified on any Invoice; Goods means any and all goods, inventory, products and services purchased from us, including, but not limited to, all nutritional supplements, health care supplies, literature, and displays; Invoice means the memorialized terms of a sale of Goods by seller on seller’s standard form invoice.
2. Price and Payment. All prices are as listed on the website and/or applicable invoice. If the online purchase or invoice does not specify a price then the prices are as set forth on our website or in our price list as in effect on the date of shipment (the Price List). Prices online and in the Price List are subject to change without notice. Unless otherwise expressly stated on our website or in an Invoice or the Price List, all prices are subject to increase for, and you agree to reimburse us for, applicable taxes, duties or levies arising from the sale, delivery or use of the Goods and for transportation and freight charges. Any discounts noted on our website or in any Invoice shall not apply to any freight or transportation charges or taxes, duties, levies or other charges. Unless otherwise expressly stated in an Invoice, payment is due on shipment of the Goods. Payment is required to be made in U.S. dollars in accordance with the terms agreed with our sales staff and listed on our website or the invoice or, if applicable, any credit sale arrangements between us. In the absence of such arrangements payment is required by check made payable to Natural Community Review, LLC. You are responsible for any loss of payment in transit and must be able to stop payment and reissue the appropriate funds in the event of such loss. No payment shall be deemed received until actually received by us in same-day and freely available funds.
Credits will be applied to the oldest open online purchase or invoice where the purchaser has not designated within 90 days of credit issuance where to apply a credit. A finance charge of one and one-half percent per month shall be payable on all past-due balances. In addition, a service charge of $25 shall be payable in the event of any dishonored check.
3. Delivery. We will use all reasonable commercial efforts to meet your requested delivery dates, however, we do not guarantee delivery dates. You agree to promptly provide us with all information necessary for us to arrange delivery of the Goods to you. We reserve the right to make shipments in installments. Certain items may require backorders and any such backordered items will be shipped once available. Unless otherwise expressly agreed in an Invoice, we may use our judgment in selecting the carrier for, and manner of, any shipment. In no event shall we be responsible for any incidental or consequential or indirect damages due to any delay in deliveries.
4. Warranties and Limitation on Liability. SELLER MAKES NO WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE. SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE NOR ANY WARRANTY OF NONINFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS. SELLER’S LIABILITY AND PURCHASER’S REMEDIES ARE LIMITED TO THOSE EXPRESSLY SET FORTH IN THIS SECTION.
Without limiting the foregoing, any warranty (whether express or implied), to the extent that it is made or deemed made, shall not apply to any Goods which have been subject to your improper storage, maintenance, alteration or other misuse, or to the extent damage or loss results as a consequence of subsequent shipment by you. Your sole remedy, for breach of any warranties or otherwise, is to return the defective Goods to us and our only obligation, upon receipt and inspection of said Goods at our facility, is, at our option, to either replace such non-conforming Goods or to refund or credit the price paid by you for such non-conforming Goods.
IN NO EVENT SHALL SELLER BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES. IN NO EVENT SHALL SELLER HAVE ANY LIABILITY IN EXCESS OF THE PURCHASE PRICE OF ANY AFFECTED GOODS.
Seller does not warrant where a buyer can sell any Goods purchased herein, and Seller is not responsible if a trade channel or platform is blocked for the resale of any particular Goods.
5. Inspection, Acceptance and Claims. You must inspect the Goods promptly upon receipt; however, you do not have the right to withhold payment pending inspection. You are required to notify us in writing of any nonconformity or defect or other claim in respect of, or any rejection of, the Goods within 5 days after delivery of the Goods, otherwise, you will be deemed to have accepted the Goods and waived any rights to reject them or assert any claim against us in respect to them. Without limiting the foregoing, stocking your shelves with the Goods will be deemed an acceptance of such Goods. Carriers are solely responsible for Goods lost or damaged in transit. In the event of any such loss or damage, you must promptly notify us and the carrier in writing of such claim within 5 days and take all steps required by the carrier for the claim.
6. Objection and Corrections to online purchases, Invoices and Statements. You must raise any objections you may have to any purchase or Invoice or credit statements or other reports within 14 days from the date of the relevant purchase, Invoice, statement or report; and these objections must be reported to us in writing; otherwise such invoices and credit memos will be deemed accepted by you. Any requests for a Proof of Delivery must be made in writing within 14 days from date of Invoice or credit memo. In the absence of such a request or objection all Goods will be deemed to have been received and accepted by you. We reserve the right to make corrections to Invoices, credit statements and other reports and will notify you in the event of such correction. Any objections to such corrected Invoice, credit statement or report must be made in writing within 14 days from the date of such notification.
7. No Cancellation. No order for Goods may be cancelled, terminated or modified by you without our prior written approval. You agree to reimburse us for all costs, expenses or liabilities incurred by us with respect to any such cancelled or modified orders including, but not limited to, inbound and outbound freight and transportation charges.
8. Advertising, Marketing, and Sales. You agree that all of your advertising and sales materials will at all times be truthful, non-misleading, accurate, and complete. Additionally, and at all times, all advertising and sales materials will be in full compliance with all federal, state, and local laws, including, but not limited to, the Federal Trade Commission Act, and the Federal Food, Drug, and Cosmetic Acts, both as amended.
For dietary supplements products, you agree not to make any drug or disease claims, and to restrict yourself to claims that are structure or function claims only, and only those claims that are supported by adequate scientific substantiation. For cosmetic products, you agree not to make any drug or disease claims, and to restrict yourself to appearance claims, and only those claims that are supported by adequate scientific substantiation. All structure or function claims will be asterisked and noted with the applicable FDA disclaimer box as described in the most current FDA Dietary Supplement Web Page at www.fda.gov.
For Natural Community Review, LLC brand products, you warrant that you will not make any sales or advertising claims or representations about these products, whether oral, in writing, via the Internet or other media, unless those claims or representations appear on the product’s label or Natural Community Review, LLC approved marketing materials. You agree to indemnify and defend Natural Community Review, LLC and its officers, agents, employees, and assigns for any and all claims, liabilities or costs, including attorneys’ fees, arising out of or caused by any breach of the forgoing warranty.
You agree that purchasing Natural Community Review, LLC brand products from us does not confer rights to any trademark, trade dress, or other intellectual property rights or goodwill of Natural Community Review, LLC, and that you shall not attempt to register or record any such intellectual property anywhere in the world.
You agree that it is your sole responsibility to provide all warnings that you receive notice are required under California’s Proposition 65, and that you shall indemnify and defend Natural Community Review, LLC and its officers, agents, employees, and assigns for any and all claims, liabilities or costs, including attorneys’ fees, arising out of or caused by any breach of the foregoing obligation.
9. Force Majeure. We shall not be liable to you for non-performance due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood, war, acts of government or terrorism, riots, breakdown, labor disputes or shortages, delays in or lack of transportation facilities, or restrictions imposed by federal, state, local, or foreign laws or regulations. Upon the occurrence of any such contingency, we may suspend or reduce performance accordingly.
10. Insolvency and Default. You hereby represent and warrant that the submission of any order for, and acceptance of, any Goods shall be deemed a representation by you that you are not insolvent or otherwise unable to pay your debts as they come due. We may cancel any order for Goods should you become insolvent or unable to pay your debts as they come due, make an assignment for the benefit of creditors, file or acquiesce in the filing of any bankruptcy proceedings, or should you default in your obligations under any order for Goods. If you file for, or acquiesce in the filing of, bankruptcy proceedings, or you make an assignment for the benefit of creditors, or otherwise cease trading, you agree to promptly and voluntarily return all Goods purchased from us but not yet paid for.
11. Remedies. If you shall default in your obligations to pay the purchase price of any Goods or shall otherwise be in default of your obligations hereunder or in any online purchase or Invoice we may, in addition to any other rights or remedies we may have (in law, by contract or otherwise), delay or cancel further shipments or terminate any order for Goods. All such rights and remedies are cumulative and no delay or failure to enforce any such right or remedy shall constitute a waiver thereof. In addition to all other rights and remedies we may have, we shall have the right to set off against any amounts owed by you to us any amounts or obligations which we may owe to you.
12. Attorneys’ Fees. You agree to reimburse us for any costs (including reasonable attorneys’ fees) incurred in connection with the collection of any amounts owed by you to us, or the enforcement of any Invoice or other agreement between us. In the event of any litigation or other enforcement proceedings, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, costs and expenses.
13. Choice of Law and Jurisdiction. The Terms and all online purchases and Invoices shall be governed and construed in accordance with the laws of the State of California, without giving effect to the choice-of-law provisions thereof. You hereby agree to the exclusive jurisdiction of the state courts in the Sacramento, California, and the federal courts located in Sacramento or San Francisco County, California, and waive any objection to such forum on the basis of forum non conveniens or otherwise. We each hereby waive our respective rights to trial by jury of any claim or action arising out of or related to the Terms or any Invoice.
PLEASE NOTE THAT THE FOLLOWING CONTAINS A CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTED ISSUE WITH Natural Community Review, LLC.
Where permitted under the applicable law, EACH PURCHASER OR USER OF GOODS FROM Natural Community Review, LLC MAY BRING CLAIMS AGAINST Natural Community Review, LLC ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUPORTED CLASS OR REPRESENTATIVE ACTION. Unless otherwise agreed, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.