Dropship Purchase Terms & Conditions
Any reference to “you,” “yourself” or similar references shall mean the reader of these Terms on behalf of themself and any entity in which they wish to access or otherwise enjoy the Site on behalf of.
THESE DROPSHIP PURCHASE TERMS & CONDITIONS (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR PURCHASE OF ANY GOODS OR SERVICES (“PRODUCTS”) THROUGH MYDORMDOC LLC, INCLUDING THROUGH THE WEBSITE LOCATED AT . HTTPS://MYDORMDOC.COM. EACH INSTANCE OF YOU PURCHASING A PRODUCT MAY BE REFERRED TO HEREIN AS AN “ORDER.” BY PURCHASING PRODUCTS FROM US, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THESE TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS. YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.
Payment
Payment for Products is due immediately upon placement of an Order, unless other payment arrangements are agreed to by both parties. We will not ship any Orders until payment has been received in full, unless other payment terms are agreed to by both parties.
Product Acceptance
You have thirty (30) days following the delivery of an Order to reject all or any portion of the Order as defective. All objections must be in writing to us at our address set forth on the Order. Orders not rejected within thirty (30) days of receipt shall automatically be deemed accepted and such acceptance shall be irrefutable proof of your acceptance of the Products to the payment processor you used to place the Order. Notwithstanding your failure to timely object to a delivered Order as defective, you will retain certain rights under our Return Policy contained in Section 6 hereto.
Product Condition; Company Representations & Warranties
We represent and warrant to you that: (a) we own all rights, title and interest in the Products and have the legal authority to sell, license or otherwise transfer the right to use or sell such Products; (b) the Products purchased through an Order are of good quality and free from defects in design, material and workmanship, are safe and conform to applicable specifications, drawings, samples, descriptions and associated documentation provided to you in writing; (c) elements of the Product subject to expiration shall have an expiration date no less sooner than one (1) year following the date of shipment of the Order, (d) the Product, and the production and sale thereof, and all warranties, guarantees, representations by us made or authorized to be made in connection therewith are in all respects in compliance with all applicable international, federal, state, local laws, rules and regulations.; (e) the Products purchased through an Order are fit for the use intended; and (f) no Purchased Product or their sale or use will infringe any patents, trademarks, copyrights, trade secrets or similar intellectual property rights of any third party.
Shipping
- All Orders are shipped within one (1) business day, not including nationally recognized bank holidays, of being placed. All shipments are Free-on-Board, Origin.
- All Orders will be shipped UPS Ground or an equivalent service without tracking provided unless otherwise agreed to by you and us.
- Orders shall not contain any indication (packing slips, printed boxes, advertisements) that the Order originated from Us.
No Retargeting or Reuse of Customer Information
All information you supply to us related to an Order, including the identity and contact information of a customer is and shall remain your sole property. You grant us a limited license to use such information solely to the extent necessary to fulfil an Order and we will not use such information for any other purpose, including advertising to or retargeting such customers.
Cancellation of Orders; Returns
- You may return any Order within one (1) year of the date the Order was placed for a refund of seventy-five percent (75%) of the purchase price less our original shipping and handling costs. We will issue your refund after our receipt and inspection of the returned Products, so long as such returned Products are complete and in unused condition. You are responsible for all shipping and handling costs related to returning an Order.
- We reserve the right to cancel any Orders for any reason or no reason at all. Upon our cancellation of an Order, you will receive a full refund.
Refund as Sole Remedy
Your sole remedy for any breach of these Terms by us is a full refund of the Order under which you are seeking a remedy. Your acceptance of a refund is your acknowledgment of sufficiency for, and release and settlement of, any and all claims you may have against us related to an Order.
Indemnification
You shall assume entire responsibility for and shall defend, indemnify and hold us and our directors, officers, employees and agents (collectively, the “Indemnitees”) harmless against all losses, liabilities, claims, costs and expenses arising directly or indirectly out of or in connection with your marketing, use, enjoyment or resale of any purchased Products.
Applicable Law; Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts-of-law principles. All disputes arising under this Agreement shall be settled in a federal or state court of competent jurisdiction located in Texas. All parties hereto hereby irrevocably submit to the non-exclusive jurisdiction of any federal or state court located within Bexar County, Texas, with respect to any legal action or proceeding arising out of or relating to these Terms or any of the transactions contemplated hereby and each party hereby irrevocably agrees that all claims in respect of such dispute or any suit, action or proceeding related thereto may be heard and determined in such courts. The parties hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which they may now or hereafter have to the laying of venue of any such action or proceeding brought in such court or any defense of inconvenient forum for the maintenance of such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Each of the parties hereto hereby consents to be served by any party to this PO Agreement in any suit, action, or proceeding delivered personally or by the mailing of a copy thereof postage prepaid by United States registered or certified mail, return receipt requested, or by any nationally recognized overnight carrier service (i.e., Fed Ex or UPS) with delivery confirmation, to the parties at the addresses set forth in Section xx of this Agreement.
Assignment
No assignment of any rights, including rights to money due or to become due hereunder, or delegation of any duties under this order shall be binding upon a party until its written consent has been obtained.
Headings
The headings contained in these Terms are for convenience of reference only and are not intended to have any substantive significance in interpreting these Terms.
Force Majeure
Both parties shall be relieved from any and all liability under or in connection with this Terms to the extent that such liability arises from any failure to perform any of its obligations under or in connection with these Terms has been caused or contributed to by a force majeure event or circumstance including acts of God, war, hostilities (whether war be declared or not), civil disturbance, government action, strikes, lock-outs, or labor disputes, computer virus, or any other event or circumstance or cause whatsoever beyond the reasonable control of the party.
Severability
If any term, condition, or provision of these Terms is for any reason declared or found to be illegal, invalid, ineffective, inoperable, or otherwise unenforceable, it shall be severed and deemed to be deleted from these Terms and the validity and enforceability of the remainder of these Terms shall not be affected or impaired thereby the remaining terms shall remain in full force and effect.