Terms of service

DOSE OF HEALTH LLC TERMS AND CONDITIONS

1. Interpretation

Definitions

1.1 In these Conditions:

Buyer means the person whose order for the Products is accepted by the Seller;

Products mean any products/goods (including any instalment thereof or any parts for such products/goods) that the Seller is to supply to the Buyer in accordance with the terms of the Contract;

Seller means DOSE OF HEALTH LLC registered at 1745 Lakewood Rd, Ste #8 Toms River, NJ 08755 United States of America;

Conditions mean the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller;

Contract means any contract for the sale and purchase of the Products made between the Seller and the Buyer, being any written quotation of the Seller which is accepted by the Buyer, or any written order of the Buyer which is accepted by the Seller;

Service means wholesaler services for the supply of business-to-business sellers that sell vitamins, supplements, hair growth products, and other beauty goods;

Writing includes email, online, facsimile transmission, and comparable means of communication.

Statutes

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted, or extended at the relevant time.

Headings

1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.

2. The Service

2.1 Information About Us

DOSE OF HEALTH LLC is located in the United States of America. We are a wholesaler for business-to-business sellers which sell vitamins, supplements, hair growth products, and other beauty goods (Services). These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions.

Variations

2.2 No variation to these Conditions shall be binding unless agreed in writing between the authorized representatives of the Buyer and the Seller.

Accounts and Membership

2.3 You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Errors

2.4 Any typographical, clerical, or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice, or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

Technical Assistance

2.5 Any advice, recommendation, information, assistance, or service provided by the Seller concerning the Products or their use or application is provided in good faith and is believed to be appropriate and reliable in the circumstances and context in which it was given. However, any advice, recommendation, information, assistance, or service provided by the Seller in relation to any Products is provided without incurring any liability or responsibility on the part of the Seller, and the Buyer assumes sole responsibility for results obtained upon reliance thereon.

3. Orders and Specifications

3.1 Basis of Sale

The description of the Goods on our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors.

We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e., the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.

Buyer's Responsibility

3.2 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Products within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.

Additions

3.3 No addition to an order may be made by the Buyer after acceptance by the Seller of the order to which the addition relates. Any purported addition shall be treated as a separate order at the time it is made and priced accordingly.

Our Products

3.4 The images of the Products on our Website are for illustrative purposes only. Your Products may vary slightly from those images as computers and other devices can display colors differently, and vitamins, supplements, hair growth products, and other beauty goods themselves vary in color and size. The packaging of the Products may also vary from that shown in images on our Website. Any weights of the Products are approximations only unless we state otherwise.

Whilst we will provide general advice and instructions relating to our Products, any advice and instructions provided by DOSE OF HEALTH LLC relating to our Products have been produced in order to help you in using the Products and to give guidance. These are provided for general information only. We accept no liability for any loss, damage, or injury arising as a result of the advice or instructions provided to you on our Website or in conjunction with any of our Products. You are responsible for opening and inspecting the Products upon delivery.

If we are unable to supply you with a Product, for example, because we cannot meet your requested delivery date or because of an error in the price on our Website, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

Cancellation

3.5 No order which has been shipped by the Seller may be cancelled by the Buyer.

Authorized Uses

3.6 The Buyer must only use the Products for a Legitimate Purpose. The Buyer must, upon request, confirm in writing (and provide evidence to the satisfaction of the Seller) that the Buyer is using the Products only for a Legitimate Purpose.

Compliance

3.7 The Buyer agrees to ensure that the purchase and use of the Products by the Buyer complies with all applicable laws, including any laws relating to the procurement, use, and possession of the materials.

4. Price

Price

4.1 The price of the Goods and any additional delivery or other charges is that set out on the Website from time to time, except in cases of obvious error at the date of the Order. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us.

Product prices and any delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as an error.

Sales Tax

4.2 The price is exclusive of any applicable sales tax, which the Buyer shall be additionally liable to pay to the Seller.

5. Payment

5.1 You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Sensitive and private data exchange happens over an SSL-secured communication channel and is encrypted and protected with digital signatures, and the Website and Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

You can pay with any Visa, MasterCard, Maestro, American Express, or Visa Delta card, or via PayPal. All purchases on our website will be made in US dollars.

6. Delivery

6.1 We will confirm if we can deliver to you and if we can do that within your estimated delivery date, in the Dispatch Confirmation in accordance with our delivery timeframes. Please note that delivery dates are estimates only and prices are calculated at checkout. It is your responsibility to ensure that you have given us the correct delivery address and any special delivery instructions. We currently ship within the United States only.

If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them. The Goods will become your responsibility from the completion of delivery. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

6.2 The Products will be at your risk on completion of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including any delivery charges.

7. Limitation of Liability

7.1 To the fullest extent permitted by applicable law, in no event will DOSE OF HEALTH LLC, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable to any person for any indirect, incidental, special, punitive, cover, or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of the content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence, or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of DOSE OF HEALTH LLC and its affiliates, officers, employees, agents, suppliers, and licensors relating to the services will be limited to the amount actually paid in cash by you to DOSE OF HEALTH LLC for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or failure of its essential purpose.

Indemnification

7.2 You agree to indemnify and hold DOSE OF HEALTH LLC and its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services, or any willful misconduct on your part.

Force Majeure

7.3 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller's obligations in relation to the Products if the delay or failure was due to any cause beyond the Seller's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller's reasonable control:

(a) Act of God, explosion, flood, tempest, fire, or accident;

(b) War or threat of war, sabotage, insurrection, civil disturbance, or requisition;

(c) Acts, restrictions, regulations, bye-laws, prohibitions, or measures of any kind on the part of any governmental, parliamentary, or local authority;

(d) Strikes, lock-outs, or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);

(e) Difficulties in obtaining raw materials, labor, fuel, parts, or machinery;

(f) Power failure or breakdown in machinery.

Disclaimer of Warranty

7.4 You agree that such Service is provided on an "as is" and "as available" basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Website or any transactions entered into through the Website unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Website shall create any warranty not expressly made herein.

8. Intellectual Property

Intellectual Property Rights

8.1 All copyright, patent, trade secret, and other proprietary and intellectual property rights in the Products, and information which the Seller may provide to the Buyer or its agents in relation to the Products, shall (as between the parties) at all times remain vested in the Seller or the manufacturer of the Products, and the Buyer shall not acquire any intellectual property rights or license relating to the Products and may not copy or imitate the Products.

Third-Party Services

8.2 The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third-party websites or applications or the third-party operator. We are not responsible for and do not endorse any third-party websites or applications or their availability or content.

If you decide to enable, access, or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against DOSE OF HEALTH LLC with respect to such other services. DOSE OF HEALTH LLC is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access, or use of any such other services, or your reliance on the privacy practices, data security processes, or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting DOSE OF HEALTH LLC to disclose your data as necessary to facilitate the use or enablement of such other services.

Advertisements

8.3 During your use of the Website and Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website and Services. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between you and any such third party.

9. Confidentiality

Confidentiality

9.1 The Buyer shall treat as confidential all technical or creative know-how, information, samples, models, designs, or drawings relating to the Products or their development or creation which the Seller may make available to it (the Confidential Information) and shall not without the prior written consent of the Seller:

(a) exploit any part of the Confidential Information save as is reasonably necessary to enable it to use the Products; or

(b) disclose (save as requested by a court of law) any part of the Confidential Information other than to its employees or customers (or potential customers) who need to know the Confidential Information for the purpose of using the Products provided that:

(i) such person is made aware prior to the disclosure of the proprietary and confidential nature of the Confidential Information; and

(ii) such person owes an express duty of confidence to the Buyer.

10. Compliance

Legal Compliance

10.1 The Buyer shall be responsible for complying with any legislation or regulations governing the purchase and use of the Products.

11. Prohibited Uses

11.1 In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any federal, state, or local regulations, rules, or laws; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

12. No Waiver

12.1 Failure by the Seller to exercise any of its rights under these Conditions shall not be a waiver or forfeiture of such rights. No express or implied waiver by the Seller shall be construed as a continuing waiver nor shall it prevent the Seller from acting upon that or any subsequent breach or from enforcing any term or condition of the Contract.

Severance

12.2 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

Assignment

12.3 The Buyer shall not be entitled to assign its rights or transfer its obligations under the Contract, in whole or in part, without the prior written consent of the Seller.

Survival of Terms

12.4 The expiration or termination of the Contract, howsoever arising, shall be without prejudice to any provisions of the Contract (including these Conditions) which are to have effect after the date of such expiration or termination.

12.5 Any terms appearing on the Buyer's orders, or any other documents issued by the Buyer, shall be wholly inapplicable to the sale of Products, and the terms of these Terms and Conditions shall prevail.

13. No Rights for Third Parties

A person who is not a party to the Contract shall have no right under these Terms and Conditions or other Contracts.

14. Governing Law and Arbitration

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the State of New Jersey and the United States of America without regard to its rules on conflicts or choice of law. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in New Jersey, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.

15. Contacting Us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form on our website or to receive further information regarding the use of the Services, please contact us by email at sales@topshelfminoxidil.com.

This document was last updated on January 31, 2023