BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
These terms and conditions (these "Terms") apply to the purchase and sale of products and services through https://www.mynddrinks.com (the "Website"). These Terms are subject to change by Mynd Drinks LLC (referred to as "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 Website, and you should review these Terms before purchasing any product or services that are available through this Website. Your continued use of this Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
How to Contact Us. If you have any questions or concerns about these Terms, you may contact us at Madame, Ballinacarthy, Clonakilty, Co. Cork, Ireland or firstname.lastname@example.org.
- Our Products and Services. The images of the products and services on our Website are for illustrative purposes only and we do not guarantee any likeness to the products or services you may receive. Prior to your purchase of any goods or services, we reserve the right to change the products or services in our sole discretion. After your purchase, we may change the products or services to reflect developments in relevant laws or regulatory requirements, or in the interests of best practice and promoting good health.
- Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between us and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by contacting us using the information provided in Section 2 of these Terms.
- Prices and Payment Terms.
- All prices posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. 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 payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you purchase any of our goods or products with is true, correct, and complete, (ii) you are duly 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 incurred by you 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 address you give us or you collect the products from us. Shipping and delivery dates are estimates only and cannot be guaranteed but we will contract to deliver the products within 30 days from your purchase. If your goods do not arrive within 30 days from your purchase, you may (i) keep the goods or (ii) contact us and we will send you instructions for shipping the goods back to us for a full refund.
- Returns and Refunds. The goods that arrive will be as described, fit for purpose, and of satisfactory quality (the “Standards”). Goods may be eligible for returns and a refund as follows:
- Goods that meet the Standards. We will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 14 days of delivery and provided such products are returned in their original condition. To return products, you must contact us per ‘how to contact us’ section above to obtain return instructions before shipping your product. No returns of any type will be accepted without your prior contact and observance of any return instructions. You are responsible for all shipping and handling charges on returned items. Refunds are processed within approximately three business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Website. We reserve the right to deduct any lost value in the goods upon its delivery back to us and we will not accept any goods that have been opened
- Goods that do not meet the Standards. You may receive an immediate refund for up to 30 days. If the goods develop a fault within 6 months, we may offer to repair or replace the goods. If repair or replacement is not available, you are entitled to a full refund. We are responsible for all shipping and handling charges on returned items. Refunds are processed within approximately three business days of the date that you are owed one.
- Summary of Key Legal Rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these Terms will affect your legal rights.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
- Limitation of Liability
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the order process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987
- We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Unless expressly noted, we do not give any warranty, guarantee, or other representation as to any benefits, side effects, health effects, or any other advantages of using any goods sold to you.
- Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations of you to make payments to us hereunder, when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, worsening Covid-19 conditions, other worldwide epidemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; and (f) national or regional emergency; and (g) other events beyond the control of the Impacted Party.
The Impacted Party shall give notice within 7 business days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.
- Other Important Items
- We may transfer our rights and obligations under these terms to another organisation. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
- "CBD products are not medicines and can not diagnose, treat or cure diseases. Always consult your own doctor before starting a new dietary program."