The Purchaser agrees to be bound by the following terms in connection with the purchase of NoseSecret Cosmetic Nose Corrector from Seller:
1. ACCEPTANCE. Purchaser has read and understands these Terms and Conditions and agrees that Purchaser’s placement of an order for the NoseSecret Cosmetic Nose Corrector from Seller constitutes their acceptance of and agreement to the Terms and Conditions set forth herein. Any terms and conditions, and/or provisions of Purchaser’s purchase order or other written form which is, in any way, inconsistent with or in addition to these Terms and Conditions shall not be applicable herein or binding upon Seller, and in no event shall any such inconsistent term and/or condition of Purchaser’s order, whether by acknowledgment or otherwise, become a part of these Terms and Conditions.
2. FOR PURCHASE BY ADULTS ONLY. Purchaser acknowledges that they are at least 18 years old.
3. LIMITATIONS ON USE. The NoseSecret Cosmetic Nose Corrector consists of two plastic splints that are temporarily placed within the nostril regions of the nose. The NoseSecret Cosmetic Nose Corrector: (a) is not for use by children; (b) is for temporary wear only; (c) is not for use while sleeping; (d) is not for use while engaging in sports, swimming, strenuous activities or any activities wherein there is a likelihood of impacting the nose; (e) is not for use by persons who have had plastic surgery or other surgery to the nose; (f) is not for use by persons having structural nose defects or weaknesses; (g) should not be shared between individuals; and (h) should be washed with mild soap and water, thoroughly rinsed and dried between uses.
4. COSMETIC. Purchaser acknowledges that NoseSecret Cosmetic Nose Corrector is a cosmetic device and is not intended to treat or cure any disease or medical condition.
5. WARNINGS. Purchaser agrees to read and follow all instructions, warnings, and precautions for NoseSecret Cosmetic Nose Corrector. Purchaser must consult Purchaser’s own physician or health care provider about Purchaser’s own medical and health questions.
6. CANCELLATION. Accepted orders for NoseSecret Cosmetic Nose Corrector product cannot be canceled by Purchaser. Sorry, we do not accept returns. Refunds are not available for this product.
7. All implied warranties, including but not limited to the implied warranties of non-infringement, merchantability and fitness or suitability for a particular purpose shall be in effect for a period of 30 days from the original date of purchase. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. THE REFUND OF PURCHASE PRICE (LESS PROCESSING FEE OF $7.99) OR REPLACEMENT, AT THE OPTION OF PURCHASER, IS THE ONLY REMEDY AVAILABLE TO ANY PERSON OR ENTITY FOR BREACH OF LIMITED WARRANTY BY SELLER. Purchaser acknowledges and agrees that Seller does not warrant against (i) damage to property resulting from the failure of NoseSecret Cosmetic Nose Corrector to provide a desired or presumed result, or from any other cause; (ii) damage caused by use of NoseSecret Cosmetic Nose Corrector for purposes other than cosmetic nose correction; (iii) damage caused by abuse, accident, modifications or use with other products; (iv) damage during shipment; or (v) any other abuse or misuse by Purchaser or others. Purchaser agrees to hold Seller harmless for all of said damages. This warranty gives you specific legal rights, and you may also have other rights which vary from State to State.
8. RISK OF LOSS. Risk of loss or damage to NoseSecret Cosmetic Nose Corrector is that of Purchaser from the time that the NoseSecret Cosmetic Nose Corrector is delivered to a common carrier, during all transportation and subsequent delivery to Purchaser, regardless of whether title has passed to Purchaser.
9. LIMITATION OF ALL REMEDIES. In no event will Seller be liable for any special, incidental or consequential damages based on breach of warranty, breach of contract, negligence, strict tort or any other legal theory. Damages that Seller will not be responsible for include, but are not limited to: loss of profits; loss of savings or revenue; loss of use of the PRODUCT or any associated equipment; cost of capital; cost of any substitute equipment, facilities or services; downtime; the claims of third parties; injury to property; interruption of business; damages due to delays; costs resulting from the incorporation of the NoseSecret Cosmetic Nose Corrector into other products; defect investigations; lost revenue; business goodwill; extra work; and punitive damages, even if Seller has been advised of the possibility of such damages. Purchaser expressly agrees that Seller’s sole maximum liability for damages for any cause whatsoever, including but not limited to personal injury claims, shall be limited to the purchase price of the NoseSecret Cosmetic Nose Corrector, and when Purchaser accepts NoseSecret Cosmetic Nose Corrector under these Terms and Conditions, Purchaser is precluded from seeking any other damages beyond the purchase price of the NoseSecret Cosmetic Nose Corrector Seller. Purchaser assumes all risk and liability for loss, damage, injury to property of Purchaser or Purchaser’s customers or third parties arising out of the use of NoseSecret Cosmetic Nose Corrector sold under these Terms and Conditions. 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.
10. ALLOCATION OF RISKS. These Terms and Conditions allocate the risks of NoseSecret Cosmetic Nose Corrector product failure or deficiency between Seller and Purchaser. This allocation is recognized by both parties and is reflected in the price of the NoseSecret Cosmetic Nose Corrector. Purchaser acknowledges that it has read these Terms and Conditions in their entirety, including Paragraphs 7, 8 and 9, and understands them and is bound by their terms.
11. INDEMNIFICATION. Purchaser agrees to indemnify, defend and hold harmless Seller, and its officers, directors, shareholders, employees, agents and representatives (collectively, "Indemnitee"), from any and all actions, claims, demands, loss, costs, expenses, obligations, liabilities, damages, including incidental and consequential damages, recoveries, settlements and deficiencies, including interest, penalties, attorney fees, accounting fees and expert witness fees incurred by Indemnitee, known or unknown, contingent or otherwise, directly or indirectly related to or arising out of or in connection with any of the following: (i) Purchaser`s breach of any of the Terms and Conditions contained herein, (ii) Purchaser`s violation of any law or the rights of a third party, (iii) personal injury of any person relating to or arising out of the use of the NoseSecret Cosmetic Nose Corrector product, or (iv) any claim, loss or damage otherwise arising from or related to these Terms and Conditions or the use of the NoseSecret Cosmetic Nose Corrector product.
12. ENTIRE TERMS AND CONDITIONS. These Terms and Conditions are the complete and entire terms and conditions, and supersede all prior and contemporaneous communications, understandings and terms and conditions of Purchaser and Seller.
13. SEVERABILITY. If any provision of these Terms and Conditions is determined by a court of competent jurisdiction to be invalid under any applicable law, the portion deemed to be invalid will be deemed omitted, and the remainder of these terms and conditions shall remain enforceable.
14. GOVERNING LAW; JURISDICTION; VENUE. The contract for the sale of the Contract Commodity is entered into in Bergen County, New Jersey and shall in all respects be construed and governed by the laws of the State of New Jersey. By transmittal and acceptance of purchase order, Purchaser and Seller agree and accept that any legal action or proceeding with respect to these Terms and Conditions shall be brought in the state courts of the State of New Jersey in the County of Bergen or in the U.S. District Court for the District of New Jersey, and the parties expressly waive any objection to personal jurisdiction, venue or forum non conveniens. The parties further agree that this contract, and the rights and obligations of the parties under this contract, shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period, as amended.
15. ARBITRATION. At the sole discretion and option of SELLER, any controversy or claim arising out of or relating to these Terms and Conditions, or relating to or concerning the NoseSecret Cosmetic Nose Corrector product, shall be submitted to final and binding arbitration by an arbitrator appointed by the American Arbitration Association, in accordance with the rules, then existing of the American Arbitration Association. Arbitration is to be conducted in Bergen County, New Jersey. The decision rendered shall be final and binding upon the parties hereto without right to appeal to the courts. The award rendered by the arbitration shall be final, and judgment thereon may be entered in any court having jurisdiction thereof.
16. NO IMPLIED WAIVER. The failure of either party at any time to require performance by the other party of any provision of these Terms and Conditions shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver of either party of a breach of any provision of these Terms and Conditions constitute a waiver of any succeeding breach of the same or any other provision.
17. RELATIONSHIP OF PARTIES. Seller and Purchaser are independent contracting parties and nothing in these Terms and Conditions shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other.
18. FURTHER ASSURANCES. The parties agree to execute any further Terms and Conditions, and provide any requested assurance reasonably necessary for the parties to effectuate the purpose of these Terms and Conditions.
By purchasing any of the Nose Secret product the buyer agrees on the terms and conditions described above.
Last Edited: 14th May 2010