Applies to all direct purchases by internet, phone or direct store
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ORDER/KEEP YOUR PRODUCT.
NOTE: These Consumer Terms of Sale apply to direct purchases made from Carnomed Serbia by phone, the internet or the Carnomed Direct store.
These Terms of Sale („Agreement“) apply to your purchase of products sold in the Carnomed Serbia, including its direct or indirect subsidiaries. By placing your order for Product, you accept and are bound to the terms of this Agreement. If you have placed an order but do not wish to be subject to these Terms of Sale, you must promptly cancel your order before it enters production and becomes noncancelable .
This Agreement may NOT be altered, supplemented or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and Carnomed. If you do not receive an invoice or acknowledgement in the mail, via email, or with your product, information about your purchase may be obtained by contacting your sales representative.
2.Payment Terms; Orders; Quotes; Interest
Terms of payment are within Carnomed’s sole discretion and unless otherwise agreed to by Carnomed, payment must be received by Carnomed prior to Carnomed ‘s acceptance of an order. Payment for the products will be made by credit card, or some other prearranged payment method. Carnomed may invoice parts of an order separately if the order is large. Your order is subject to cancellation by Carnomed, in Carnomed ‘s sole Carnomed discretion.
3.Shipping Charges; Taxes; Title; Risk of Loss
Shipping, handling and tax are additional unless otherwise expressly indicated at the time of sale. Title to products passes from Carnomed to Customer upon shipment to Customer. Loss or damage that occurs during shipping by a carrier selected by Carnomed is Carnomed ‘s responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify Carnomed within 14 days of the date of your payment or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide Carnomed with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship to location, you are responsible for sales and other taxes associated with the order. Shipping and delivery dates are estimates only.
4.Return Policies; Exchanges
Here you can read Carnomed ‘s return policy and you agree to these terms. Note that under the terms of the Return Policy, not all Products may be returned. You must contact us directly before you attempt to return qualifying Product . You must return qualifying Product to us in its original packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees may apply. If you fail to follow the return or exchange instructions and policies provided by Carnomed, Carnomed is not responsible for Product that is lost, damaged, modified or otherwise processed for disposal or resale. At Carnomed ‘s discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing.
5.Changed or Discontinued Product
Carnomed ‘s policy is one of ongoing update and revision. Carnomed may revise and discontinue Product at any time without notice to you and this may affect information saved in your online „cart.“ Carnomed will ship Product that is decribed in the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible.
6.Not For Resale or Export
You agree to comply with all applicable laws and regulations of the various states. You agree and represent that you are buying for your own internal use only, and not for resale or export.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND CARNOMED, its agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase (collectively “ Carnomed „) arising from or relating in any way to your purchase of Product, this Agreement, its interpretation or the breach, termination or validity thereof, the relationships which result from this Agreement (including relationships with third parties who are not signatories to this Agreement), Carnomed ‘s advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. Consumer claimants (individuals whose transaction is intended for personal, family or household use) may elect to pursue their claims in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to the customer’s individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR CARNOMED SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).