PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY; THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. BY PURCHASING Blues Away® PRODUCTS, YOU CONSENT TO BE BOUND BY THESE TERMS AND CONDITIONS (“Terms and Conditions”), WHICH FORM A BINDING CONTRACT BETWEEN YOU (“you” OR “your”) AND EXELTIS USA, INC. (“Exeltis,” “we,” “us,” OR “our”). YOUR USE OF THIS WEBSITE (“Website”) TO PURCHASE OUR PRODUCTS CONFIRMS YOUR ACCEPTANCE OF THE WEBSITE’S TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OR THE TERMS OF USE FOR THE WEBSITE, DO NOT PURCHASE OUR PRODUCTS OR USE THIS WEBSITE.
Product Representations. Through the Website, we offer Blues Away® products for individual purchase. We endeavor to maintain availability of Blues Away® products, but we cannot and do not guarantee the availability of any Blues Away® product or a particular quantity of products at any given time. Acceptance of an order is subject to availability of Blues Away® products. We reserve the right to prioritize orders and to allocate limited stock between orders as we deem fit. The availability of Blues Away® products may vary based on location and timing. We reserve the right to discontinue or change at any time and without notice the specifications, content, messaging, Blues Away® products, and other information, as well as to prospectively change prices on Blues Away® products, in each case without incurring any obligation to you.
We take reasonable precautions to try to ensure that the prices quoted on the Website are correct, to ensure that the Website is complete, accurate, and current, and to describe the items available on the Website as accurately as possible as well as to depict the most up-to-date packaging. However, we do not represent or warrant that Blues Away® product descriptions are accurate, complete, reliable, current, or error-free, or that the Blues Away® product packaging depicted on the Website will match the actual Blues Away® product that you receive. If a Blues Away® product described on the Website is not as described when you receive it, or if the packaging on the Website does not match the Blues Away® product you receive, you agree that your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Return Policy (provided below), for a refund or credit. Our descriptions of, or references to, products not owned by us do not imply endorsement of that product or constitute a warranty by Exeltis or any of its affiliates, including the Insud Pharma Group.
Blues Away® is a dietary supplement that is not intended to diagnose, treat, cure or prevent any disease. Consult with your doctor before taking Blues Away®. If you are not sure that Blues Away® is right for you, for no additional charge you may contact a registered nurse by phone at 877-467-5963 or by chat at bluesaway.com. Use as directed.
Without limiting any of the foregoing, the fullest extent allowed by applicable law, any Blues Away® products are provided “as is”, with all faults, and we hereby disclaim all express or implied warranties of any kind, including any implied warranties with respect to the products listed or purchased on or through the Website, and any warranty for merchantability, non-infringement of third party rights, or fitness for a particular purpose. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to product misuse, abuse product modification, improper product selection, non-compliance with any codes, or misappropriation.
Pricing. The price of a Blues Away® product is indicated on the Website at the time of your order. Please be aware that prices, availability, and other purchase terms are subject to change in our discretion at any time. All displayed product prices exclude taxes and other applicable charges. Additional charges may be charged in addition to the Blues Away® product price and will be indicated to you prior to placing the order on the Website and will also be included in your receipt. If we discover an error has occurred after your credit card or payment method has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.
Purchase Terms. Each part of any order that you submit to us constitutes an offer to purchase. Your order is expressly conditioned on acceptance of these Terms and Conditions. If you do not receive a message from us confirming receipt of your order, please contact us at the contact information provided on the Website before re-entering your order. Our confirmation of receipt of your order does not constitute our acceptance of your order. We are only deemed to have accepted your order once your payment has been processed. We endeavor to notify you of the status of your order, including confirming when the order has been placed and processed and when the Blues Away® product you have ordered has been shipped with a tracking number. We may or may not accept your order in our discretion, and we reserve the right to cancel any order or refuse any purchase made on the Website for any reason. If we cannot accept your order or if your payment does not process, we will contact you by email or indicate failure to process on the Website. [Generally, we will notify you whether your order is accepted or rejected within a reasonable time after the receipt of your order.] Unless we issue a shipping confirmation, we are not obliged to provide any Blues Away® products and we will not process your payment. You are prohibited from reselling any Blues Away® product, and we reserve the right to take any and all actions we deem necessary to address such violation.
Payment. You agree to pay all order fees, including taxes, or other charges in accordance with the Terms and Conditions in effect at the time a fee, tax, or a charge is due and payable. You agree to tender payment via the payment methods accepted by us and in U.S. dollars. When you order any product ordered on or through the Website or by providing us with your debit or credit card number and associated payment or bank information, you agree that we or our vendors or agents are authorized to immediately bill your authorized payment method for all fees, taxes, and charges due and payable to us hereunder and that no additional notice or consent is required. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we, or our payment processor, may contact you directly to update your information and obtain updated information from your issuing bank or card network. You agree we may continue to charge your payment method following any such update. We must receive your payment before we send any Blues Away® products. If we are unable to ship the Blues Away® products after having taken payment, you will be reimbursed in full. We reserve the right at any time to change our billing methods, either immediately upon posting on the Website or by e-mail delivery to you. Such changes will apply and take effect for any orders we have not yet processed as of the date of the modified terms. We are not responsible for any fees or charges that your bank or debit or credit card issuer may apply.
In ordering Blues Away® products through the Website, you agree to provide only true, accurate, current, and complete payment information. You agree you are solely responsible for maintaining and updating your account or payment information to maintain its accuracy, currency and completeness, and you are solely responsible for maintaining the confidentiality of your login credentials and for using secure methods to access our Website and place any order for any Blues Away® product. By placing an order or providing us with bank card information, account numbers or other information necessary to facilitate payment to us or our vendors or agents, you represent and warrant that the payment information is yours or you are authorized to provide such information. We may cancel your order if we have grounds to believe that you have provided inaccurate, outdated, fraudulent, or incomplete payment information to us, or for any other reason that we, in our sole discretion, deem appropriate. If legal action is necessary to collect on balances due, you agree to reimburse us and our vendors or agents for all expenses incurred to recover sums due, including reasonable attorneys’ fees and other legal expenses. You understand that we may hold and store such bank card or payment information to facilitate payment, damage reimbursement, and other liability purposes.
Shipping. Unless otherwise noted, we will use commercially reasonable efforts to ship Blues Away® products to the shipping address you designate within a reasonable time after receipt of your properly completed order. Although we may provide delivery or shipment timeframes or dates, you understand there may be reasons for our inability to ship according to our target dates which are beyond our control and that those target dates are our good faith estimates and may be subject to change. Product availability may be limited, and particular Blues Away® products may not be available for immediate delivery, in which case the Blues Away® product will be delivered within a reasonable time after they become available. If your order is delayed (either from the date specified at the time of order or, if no date was specified, beyond thirty (30) days from the date of your order), we will use reasonable efforts to contact you. If we cannot contact you or you no longer wish to receive the item, we will cancel the order and promptly refund the amount tendered. We will reject orders where the stated delivery address is outside the United States. The risk of loss and title for items purchased by you passes to you upon our delivery of the purchased Blues Away® product to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Return Policy. If you are not satisfied with your purchase from the Website or if the product is defective or damaged, our sole liability and your sole remedy is to return the product within sixty (60) calendar days since receipt of the product and receive a full refund or exchange upon confirmation that your product has been returned and received by us. Any product you return must be in the same condition you received it and in the original packaging. To request a return, please contact Exeltis at the contact information provided on the Website and provide your name, your order number, the date of your purchase, and your address and payment details. If we do not receive notice from you within the 60-day period, you will be deemed to accept the shipment of Blues Away® product.
Limitation of Liability. To the extent permitted by law, in no event will Exeltis be liable for any consequential, indirect, punitive, special, exemplary or incidental damages arising out of or related to these Terms and Conditions or use of the Blues Away® product, even if we have been advised of such potential damages, nor will be liable for any breach of these Terms and Conditions arising from any factor outside our reasonable control. To the extent permitted under law, in no event shall our liability for damages arise in connection with any Blues Away® product exceed the purchase price of the products. These limitations will apply whether the liability arises in contract, tort (including negligence), strict liability, under statute or otherwise.
Entire Agreement. These Terms and Conditions represent the entire agreement governing our sale and your purchase of Blues Away® product. The collection and use of any information you provide to us during the order process, including your personal and payment information, will be governed by our privacy policy, available at bluesaway.com/privacy-policy, as may be revised or amended at any time.
Applicable Law and Jurisdiction. We will try to solve any disagreements quickly and efficiently. If you are not happy with resolution and you want to take court proceedings, the sale of Blues Away® product and these Terms and Conditions shall be governed by and construed under the laws of the state of New Jersey without regard to its conflicts of laws rules or the United Nations Convention on the International Sale of Goods. For all disputes, you must submit to the exclusive jurisdiction of the state or federal courts located in Morris County or Essex County, New Jersey. You hereby irrevocably waive your right(s) to (i) a trial by jury, (ii) claim that Morris County or Essex County, New Jersey is an inconvenient forum to hear claims or disputes, and (iii) litigate or arbitrate any claim as a class action, representative action, or class arbitration.
Miscellaneous. If any part of these Terms and Conditions is found invalid or unenforceable in any respect under any applicable law, such provision shall to that extent, not be considered as part of these Terms and Conditions. The legality, validity or enforceability of the remainder of these Terms and Conditions shall not in any way be affected or impaired thereby. Any waiver of any right, power or remedy under these Terms and Conditions must be in writing signed by the party so waive, and any single or partial exercise by either party of any right, power or remedy will not prevent either party from any further or other exercise any right, power or remedy. Without limitation, no waiver by any party of any breach of any provision of these Terms and Conditions shall be a waiver of any subsequent breach of that or any other Terms. There are no third-party beneficiaries to these Terms and Conditions. These Terms cannot be assigned by you, and any attempted assignment shall be void. As between you and us, we retain all rights in and to our intellectual property and any intellectual property that is licensed to us.