Terms & Conditions Of Sale – BuyGoods Checkout In the GlucoSwitch
Last Updated: April 2023
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH BUYGOODS, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of products through buygoods.com, Buygoodshomeoils.com and the buygoodssupplements.com (the “Sites”). These Terms are subject to change by BuyGoods (referred to as “us,” “we,” or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any products that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
Acceptance; Returns.
You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After receiving your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between BuyGoods and you will not take place unless and until you receive your order confirmation email. BuyGoods will allow for the return or replacement of any product purchased via the Site within 60 days from the date of purchase. For more details, see our Return Policy.
Order Eligibility.
When you place an order, you represent and warrant that (a) you are buying products from the Site for personal use only, not for commercial resale or export; and (b) you will comply with all applicable laws, rules, and regulations related to your purchase, receipt, possession, use, and sale of any products from the Site. You represent, warrant, and covenant that in accessing and using the Site, you have the right to provide and use all information, content, and data that you provide to the Site. You are responsible for any unauthorized creation, collection, receipt, transmission, access, storage, disposal, use, or disclosure of personal information and other information, content, and data under your control or in your possession.
Payment.
All prices posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. All such taxes and charges will be added to your total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us, and we reserve the right to cancel any orders arising from such errors. Terms of payment are within our sole discretion, and unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. Payment is subject to validation and authorization by both the card company or payment processor and by BuyGoods to maintain security and prevent fraud. Your purchases will appear on your statement under the name “BUYGOODS 302-200-3480.” You acknowledge and agree that: (a) BuyGoods is not a chartered bank or trust company or depository institution, and (b) BuyGoods is not authorized to accept deposits or trust accounts and is not licensed or regulated by any state or federal banking authority.
Disclaimer.
YOUR USE OF THE SITE AND ALL PRODUCTS OFFERED ON THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Indemnification.
You agree to defend, indemnify, and hold harmless BuyGoods, its affiliates, and their respective officers, directors, employees, contractors, successors, and assigns from and against any liabilities, damages, judgments, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms.
Limitation of Liability.
OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE, OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, PROCESSING OR DELIVERY DELAYS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Intellectual Property.
You acknowledge and agree that BuyGoods is and will remain the sole and exclusive owner of all intellectual property rights in and to each product made available on this Site and any related specifications, instructions, documentation, or other materials, including, but not limited to, all related intellectual property rights. You do not and will not have or acquire any ownership of the products made available through this Site or of any intellectual property rights relating to those products. The BuyGoods family of trademarks, service marks, and other marks of indicia, including all related names, logos, product names, designs, and slogans, are trademarks of BuyGoods or its affiliates or licensors. You must not use such marks without the prior written permission of BuyGoods.
Privacy; Security.
Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products through the Site, and you consent to all actions BuyGoods takes with respect to such information, so long as such actions are consistent with the Privacy Policy. BuyGoods cannot and does not guarantee or warrant that data, files, or content shared through the Site or available for download from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to BuyGoods’ Site for the reconstruction of any lost data.
Governing Law and Jurisdiction.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Delaware. Any litigation under or related to these Terms shall be brought and maintained in the state and federal courts located in Boise, Delaware. You irrevocably submit to the exclusive jurisdiction of these courts, agree to file all pleadings in connection with the subject matter of these Terms in such courts, and waive any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of these Terms in such courts. NO CLAIM OR ACTION UNDER THESE TERMS BY YOU AGAINST BUYGOODS MAY BE BROUGHT MORE THAN 12 MONTHS AFTER SUCH CAUSE OF ACTION ARISES. YOU AND BUYGOODS EACH IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. You and BuyGoods agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class action or representative action.
Miscellaneous.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 10 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of BuyGoods. These Terms do not and are not intended to confer any rights or remedies upon any person other than you. If any provision of these Terms is declared void, illegal, invalid, or unenforceable in whole or in part for any reason, then that provision is to be construed either by modifying it to the minimum extent necessary to make it enforceable (if permitted by law) or disregarding it (if not). If an unenforceable provision is modified or disregarded in accordance with this Section, the unenforceable provision is to remain as written in any circumstances other than those in which the provision is held to be unenforceable. These Terms, and BuyGoods’ Refund Policy, and Privacy Policy, and Privacy Notice for California Residents will be deemed the final and integrated agreements between you and BuyGoods on the matters contained in these Terms.
Notices.
We may provide any notice to you under these Terms by sending a message to the email address you provide or by posting to the Site. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
INTRODUCTION
This Agreement contains the complete terms and conditions that apply to you in joining, buying, bidding, selling and all other activities you will make in our website. By using or shopping from this Web site, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.
Use of the site & PROHIBITIONS
The Site allows you to post offers, sell, advertise, bid and shop online. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of an items in inappropriate category or areas on our sites and services; (c) collecting information about users’ personal information; (d) maneuvering the price of any item or interfere with other users’ listings; (f) post false, inaccurate, misleading, defamatory, or libelous content; (g) take any action that may damage the rating system. For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature.
Payments AND PROCESSES OF INVIOCES
https://thequietumplus.com/ has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by https://thequietumplus.com/ the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card, paypal or wire transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoice separately. https://thequietumplus.com/ has all the discretion to cancel or deny orders. https://thequietumplus.com/ is not responsible for pricing, typographical, or other errors in any offer by https://thequietumplus.com/ and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 15 days of the invoice date. For all but consumer purchases, https://thequietumplus.com/ reserves the right to charge you a late penalty charge of 1% per month applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge.
RISK OF LOSS
All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier
Editing, Deleting and Modification
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Acknowledgment of rights
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
Fraud
FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected https://thequietumplus.com/ shall resort al remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with the substantive laws of USA, without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of US, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence. The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice. In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
PRIVACY POLICY IS PART OF THESE TERMS AND CONDITIONS
Our privacy policy is part of, and subject to, these terms and conditions of use.
CONTENT OWNERSHIP
All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.
You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail to contact@quietumplus.com.
If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an e-mail to contact@quietumplus.com, or by sending mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
ENTIRE AGREEMENT
These terms and conditions, including the policies incorporated herein by express reference, constitute your entire agreement with us with respect to your use of our website.