Legal
Website Terms and Conditions
Effective Date: 11/09/2024
Welcome to HEALTHY SPRAYS ("we," "us," "our")! By accessing or using our website, https://healthysprays.com (the "Website"), you agree to be bound by the following Terms and Conditions (the "Terms"). If you do not agree to these Terms, you may not access or use the Website.
- Acceptance of Terms
By accessing, browsing, or purchasing from this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our separate Privacy Policy (make this a hyperlink to your existing Privacy Policy), which is incorporated herein by reference. The fact that the Buyer orders a Product or Service offered for sale by the Seller, in any way whatsoever, shall entail that he acknowledges that he is cognizant of and accepts, without restriction or reservation, the terms and conditions of this Agreement prior to the order. This Agreement contains the entire agreement of the parties with respect to its subject matter and supersedes all existing agreements and all other oral, written or other communications between them concerning their subject matter, provided that the terms and conditions of this Agreement may be supplemented by a separate agreement regarding the description of the Products and Services, and the quantity, price and delivery schedule with respect to such Products and Services.
- This Agreement shall not be modified by the Buyer in any way We reserve the right to update or modify these Terms at any time without prior notice. The Buyer is requested to keep a paper or electronic copy of the general terms and conditions for future reference.
- No departure from the terms and conditions of this Agreement shall bind the Seller without its prior, explicit consent in writing. Accordingly, all other terms and conditions provided on the order form or any other document from the Buyer, such as its own general terms and conditions, shall not apply.
- Except as expressly provided in this Section the terms and conditions of this Agreement shall supersede any contradictory terms and conditions in any separate agreement. In the event of contradiction between the terms and conditions of this Agreement and the particular terms and conditions negotiated and agreed to in writing by and between the Seller (or one of its Subsidiaries and Branches) and the Buyer, or granted by the Seller (or one of its Subsidiaries and Branches) to the Buyer (hereinafter referred to as the "particular terms and conditions of the Seller"), and if such particular terms and conditions of the Seller are agreed to in writing in accordance with this section, then such particular terms and conditions of the Seller shall take precedence over these general terms and conditions.
- Unless stipulated otherwise, for the purposes of this Agreement, the phrase "in writing" shall cover all written communication, whether by post, e-mail, or fax.
- Eligibility
You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use this Website.
- Product Use Disclaimer
All products on this Website, including peptides, are intended for research and laboratory use only unless otherwise specified. Misuse of these products is strictly prohibited and may be dangerous. The Products ordered by the Buyer which are exclusively intended for laboratory research purposes, shall correspond to the quality and safety standards in accordance with said research purposes. They shall not be used by the Buyer for other purposes such as (the list is not exhaustive) diagnostic, prophylactic, therapeutic, cosmetic, commercial ends, or as food, ingredients, or medical devices. Without prejudice to the other provisions of this Agreement that limit or exclude the Seller's liability, the latter shall accept no liability if the Buyer who ordered Products intended exclusively for laboratory research, uses said Products for purposes other than for research.
- Intellectual Property
All content on this Website, including text, images, graphics, logos, and software, is the property of HEALTHY SPRAYS or our content suppliers and is protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content without our express written consent.
- Ordering and Pricing
- Shipping and Delivery
We will make reasonable efforts to deliver products within the estimated timeframes; however, we are not responsible for delays beyond our control. International buyers are responsible for ensuring compliance with local regulations and customs requirements. We are not liable for products confiscated, delayed, or destroyed by customs.
- Refund and Return Policy
Due to the sensitive nature of our products, all sales are final, and returns are not accepted. However, if a product is damaged or defective upon delivery, please contact us at Logan.HealthySprays@gmail.com within 7 days to arrange a replacement or refund.
- Limitation of Liability
To the fullest extent permitted by law, HEALTHY SPRAYS is not liable for any direct, indirect, incidental, or consequential damages arising from your use of this Website or purchase of our products. Our liability is limited solely to the amount paid by you for the products purchased. IN NO EVENT SHALL THE SELLER BE LIABLE UNDER THIS AGREEMENT FOR ANY PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS.
- Indemnification
The Buyer shall defend, indemnify and hold the Seller and its affiliates, and the directors, officers, employees and agents of either (collectively, the "Indemnitees"), harmless from all losses, liabilities, damages and expenses (including attorneys' fees and costs) incurred as a result of any third party claim, demand, action or proceeding arising out of (i) any breach of this Agreement by the Buyer, (ii) the use, application of, distribution, sale, handling, disposal or other exploitation of any Product or Services by or on behalf of the Buyer or by any subsequent purchaser or transferee of such Product or Services, and (iii) the use or implementation of intellectual rights that are owned by the Buyer and obtained by the Seller in accordance with Article 11.4, including claims that the use or practice of such rights by the Seller under this Agreement infringes the rights of any third party.
- Disclaimer of Warranty
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ALL PRODUCTS AND SERVICES ARE PROVIDED TO THE BUYER (a) "AS IS" AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE AND (b) WITHOUT ANY REPRESENTATION OR WARRANTY THAT THE USE OF PRODUCTS OR SERVICES WILL NOT INFRINGE ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, INCLUDING ANY PATENT, TRADEMARK OR OTHER RIGHT.
- Prohibited Activities
You agree not to:
- 1 Misuse the Website, including attempting unauthorized access to restricted sections.
- Use the Website or products for illegal activities or prohibited purposes.
- Distribute harmful or offensive materials or information via the Website.
- Governing Law
12.1 If the Buyer places an order from the United States of America, these general terms and conditions and the sales of Products or Services shall be governed by the laws of the State of Florida, United States, irrespective of (i) the place of the delivery, (ii) the Buyer's country/state of residence, or (iii) the conflict of laws principles applied by such country/state.
12.2 Any dispute relating, directly or indirectly, to the existence, interpretation, performance, or cancellation of the contract concluded by and between the Seller and the Buyer shall be referred exclusively to the United States District in state court in Florida, even in cases involving several defendants or in third party proceedings. The Buyer hereby waives any objection to such exclusive jurisdiction and on the basis that such courts may be an inconvenient forum.
12.3 Any dispute relating, directly or indirectly, to the existence, interpretation, performance, or cancellation of the contract referred to in this agreement, concluded by and between the Seller and the Buyer shall be referred exclusively to the courts and tribunals of Florida, even in cases involving several defendants or in third party proceedings. The Buyer hereby waives any objection to such exclusive jurisdiction and on the basis that such courts may be an inconvenient forum.
- General
13.1 The Buyer may not assign this Agreement without the express prior consent of the Seller, except in connection with the sale or transfer of all of the Buyer's assets to which this Agreement relates. The Seller may assign this Agreement without the consent of the Buyer.
13.2 No failure or delay by either party in exercising any right, power or remedy under this Agreement will operate as waiver of any such right, power or remedy or of any other right, power, or remedy under this Agreement.
13.3 Nothing in this Agreement shall be deemed to create a joint venture or other joint relationship. Neither party shall have any actual, apparent or implied authority as a result of this Agreement to create any obligation, express or implied, on behalf of the other party. HEALTHY SPRAYS
- Contact Information
For any questions or concerns regarding these Terms and Conditions, please contact us at:
HEALTHY SPRAYSLogan.HealthySprays@gmail.com