“PuraPharm” means PuraPharm International (H.K.) Limited or its affiliates selling products to the Customer as identified in PuraPharm’s Quotation or Invoice.
“Customer” means the person or legal entity identified in PuraPharm’s Quotation or Invoice.
“Contract” means a contract for sale by PuraPharm to the Customer of the products and/or services incorporating the Terms and Conditions.
2. FORMATION OF CONTRACT
2.1 No Contract shall come into existence until the Customer’s order has been accepted by PuraPharm. The Customer warrants that it is buying for its own internal use only and not for re-sale purposes.
2.2 The products sold and/or services rendered are subject to the Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by the Terms and Conditions.
3. ORDERS, PRICE AND PAYMENT
3.1 Payment for the products or services shall be made in full before physical delivery of products or services.
3.2 Customer shall pay for all shipping and handling charges.
3.3 Customer shall bear all country, provincial, government, state and local sales, use, goods and services, value added, customs, excise, privilege and all other levies/taxes.
4. TITLE AND RISK
Title to and risk in the products shall pass to the Customer upon delivery of the products to Customer.
5.1 PuraPharm shall deliver the products to the place of delivery designated by Customer and agreed to by PuraPharm. PuraPharm shall not deliver P.O. Box and hotel.
5.2 Any dates quoted by PuraPharm for the delivery of the products are approximate only and shall not form part of the Contract. PuraPharm shall not be liable for any delay in delivery of the products and/or services, howsoever caused.
6. DISCLAIMER & LIMITATION OF LIABILITY
6.1 Products featured on this website are not intended to diagnose, treat, cure or prevent any disease. PuraPharm does not give any warranty that the products are fit for any particular purpose, expressed or implied. All warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description are hereby excluded to the fullest extent permitted by law.
6.2 PuraPharm does not make any warranties to the effectiveness of the products contained in this site. Each person’s constitution and health conditions are different and the way you react to a certain product may be significantly different to others. PuraPharm cannot anticipate all conditions or circumstances under which PuraPharm’s products may be used. PuraPharm accept no responsibility for the safety and suitability of PuraPharm’s products, either alone or in combination with products of other manufacturers. Customers are advised to consult with their physicians or qualified healthcare professionals on selecting the appropriate products.
6.3 PuraPharm’s total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.
6.4 Any service response times stated by PuraPharm in the service contracts are approximate only and PuraPharm shall not be liable for any direct or indirect loss or damage arising from its failure to meet such response times, howsoever occasioned.
6.5 Any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by PuraPharm shall be subject to correction without any liability on the part of PuraPharm.
7. FORCE MAJEURE
Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.
8. IMPORT LAWS
The Customer acknowledges that the products acquired hereunder may be subject to the import control laws and regulations of the country in which the products are received (“Local Import Laws and Regulations”). The Customer agrees to abide by all applicable Local Import Laws and Regulations. PuraPharm does not assume responsibility for the Customer’s ordered goods meeting Local Import Laws and Regulations. The Customer understands that applicable laws requirements or restrictions may vary depending on the products delivered and may change over time and that, to determine the precise controls applicable to the products acquired, it may be necessary to refer to relevant laws and regulations.
9. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”) and shall be subject to the non-exclusive jurisdiction of the courts of Hong Kong.
10.1 The Customer shall not assign or otherwise transfer any Contracts or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of PuraPharm. Any such unauthorized assignment shall be deemed null and void.
10.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Terms and Conditions of Sale version 1.0
Dated 7 August 2003