Terms and conditions for the online sale of goods

• THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.  EXCEPT AS SET FORTH HEREIN, THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH NO FADE FRESH, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, OR GOODS BY APPLICABLE LAW.

These terms and conditions (these “Terms“) apply to the purchase and sale of products through https://www.nofadefresh.com (the “Site“).  These Terms are subject to change by No Fade Fresh, LLC, (referred to as “No Fade Fresh“, “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 those changes.

• Prices and Payment Terms.
  • 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 e-mail. Price increases will only apply to orders placed after those changes.  Posted prices do not include taxes or charges for shipping and handling.  All of those taxes and charges will be added to your order total and will be itemized in your shopping cart and in your order confirmation e-mail.  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.  We accept MasterCard, Visa, American Express, and Discover credit cards for all purchases.  You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are 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 that you incur at the posted prices, including all applicable taxes, if any.
  • Shipments; Delivery; Title and Risk of Loss.
  • We will arrange for shipment of the products to you.  Please check the individual product page for specific delivery options.  You will pay all shipping and handling charges specified during the ordering process.
  • Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery service.  Shipping and delivery dates are estimates only and cannot be guaranteed.  We are not liable for any delays in shipments.
• LIMITED WARRANTY.

THIS LIMITED WARRANTY, WHICH HAS A WARRANTY PERIOD OF [________] DAYS, GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. 

[THIS LIMITED WARRANTY CAN ALSO BE FOUND AT WWW.[WEB SITE ADDRESS].COM/WARRANTY AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS.]

WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY, WHICH SHALL BE FOR A PERIOD OF [__________] DAYS.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

• Who May Use This Warranty?
  This limited warranty extends only to the original purchaser of products from the Site.  It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
• What Does This Warranty Cover?
  This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products purchased from the Site.
• What Does This Warranty Not Cover?
  This limited warranty does not cover any damages due to:
  transportation;
  storage;
  improper use;
  failure to follow the product instructions or to perform any preventive maintenance;
  combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by No Fade Fresh;
  normal wear and tear; or
  external causes such as accidents, abuse, or other actions or events beyond our reasonable control.

• What is the Period of Coverage?
  This limited warranty starts on the date of your purchase and lasts for a period of [________________] days (the “Warranty Period“).  The Warranty Period is not extended if we replace a warranted product.  We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

• What Are Your Remedies Under This Warranty?
  With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) replace such products free of charge or (ii) refund the purchase price of such products.  We will also pay for shipping and handling fees to return the replacement product to you if we elect to replace the defective products.
• How Do You Obtain Warranty Service?
  To obtain warranty service, you must e-mail our returns department at info@nofadefresh.com during the Warranty Period to obtain a RMA number before shipping your product back to us. No returns of any type will be accepted without an RMA number.

• Limitation of Liability
  THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY.  OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT DUE TO THE DEFECTIVENESS OF THE PRODUCT. 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.
• What can you do in case of a dispute with us?
  The informal dispute resolution procedure detailed in Section 11 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
  
  • Goods Not for Resale. You represent and warrant that you are buying products from the Site for your own personal use only, and not for resale or other commercial purposes.
  • Privacy.  We respect your privacy and are committed to protecting it. Our Privacy Policy, which can be found at https://www.nofadefresh.com/, governs the processing of all personal data collected from you in connection with your purchase of products through the Site.
  • Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
  • 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 Florida 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 Florida.
  • Dispute Resolution and Binding Arbitration.
    YOU AND NO FADE FRESH ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

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 YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

• The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this Section 11.  (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will 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.  The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity.  Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

• You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
• You agree to an arbitration on an individual basis.  In any dispute, NEITHER YOU NOR NO FADE FRESH WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

• Assignment. 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 12 is null and void.  No assignment or delegation relieves you of any of your obligations under these Terms.
• No Waivers. 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 No Fade Fresh.
•  No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
• Notices.
  • To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site.  Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting to the Site will be effective upon posting.  It is your responsibility to keep your e-mail address current.
  • To Us. To give us notice under these Terms, you must contact us by e-mail at info@nofadefresh.com, which notice shall be effective upon delivery.  We may update our e-mail address by posting a notice on the Site.

• Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
• Entire Agreement. These Terms and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

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