By using BivaGlobal.com and the Biva Nutrition, LLC company website, and by purchasing products and/or services from Biva Nutrition, LLC, you consent to the terms and conditions of sale, cancellation, return, and refund policies described below. As outlined in the Terms and Conditions of Sale below, “Buyer” is the person or entity purchasing goods and/or services from Biva Nutrition, LLC (“Seller).
Terms and Conditions Of Sale
- Buyer agrees to be bound to these contract terms. These terms may not be varied unless specifically agreed to in writing by Seller.
- Unless otherwise agreed by Biva Nutrition, LLC and Buyer, full payment for goods ordered must be completed prior to initiation of production.
- All sales are final, unless otherwise agreed by Seller. Once order has been requested, confirmed as received by Seller, and payment completed as outlined in section 2, Buyer shall not be entitled to cancel the service requested if performance and/or production has already begun.
- For payment terms agreed upon wherein production of product and/or service occurs prior to payment, Buyer agrees to pay cost of all products and services when delivery is accepted unless otherwise agreed upon in writing by Seller.
- Seller will be responsible for shipping product direct to Buyer. Buyer is responsible for bearing the cost of shipping and insurance.
- Title and risk of loss will pass to Buyer at the time products are shipped to Buyer’s dock. Delivery of all quantities of products shall be deemed to be made in full and in good condition unless Seller is notified within ten (10) calendar days from the date of receipt from Seller as evidenced by delivery and/or tracking information from carrier.
- Buyer represents and warrants that it holds all required licenses or permits required to purchase, possess, or ship the products and/or services requested and/or paid for. The laws governing the products and/or services may vary among various Localities, States, Territories, Countries or Unions. Buyer affirms that Seller is not responsible for the legality of shipping products to Buyer’s locale due to the intricacies of local, state or country regulations and laws, and that it may be illegal for Buyer to receive or possess purchased products in their respective locality, state, territory, country or union, and that it may be illegal to take possession of or transfer products across state lines or borders. Buyer affirms that they are aware of the laws applicable to them governing the possession, use, transport, or sale of the products and/or services and assumes all risk for shipping to any location, whether in the United States or internationally. Buyer agrees to pay for all costs incurred from customs duties, fees or taxes.
- In the event it becomes necessary for the Seller to incur any collection costs or suits to collect payment, the Buyer will be responsible for all such costs, including but not limited to court costs, collection agency costs and fees, attorney fees and any other fees associated with the collection of payments owed.
- Seller makes no representation or warranties for the use of the product and/or service for any purposes including Buyer’s distribution, processing, and sale of the product.
- Seller makes no representation or warranties for the use of products and/or services in applications that involve the diagnosis, mitigation, cure, treatment, or prevention of any disease, illness, or injury.
- Buyer affirms that Seller is not liable for any incidental, consequential or special damages, interest, costs or expenses, or for loss of use, loss of data, or lost profits or wages. Seller’s liability is in all cases limited to refunding the purchase price or current value of the services, at Seller’s option and as outlined in these Terms and Conditions of Sale.
- The Buyer affirms that Seller is not liable to Buyer for any indirect, consequential, or incidental damages with respect to any products and/or services provided by Seller.
- For the exception of information that has been expressly authorized to be disclosed by Seller or information that exists in the public domain, Buyer affirms that it may not, for any reason, disclose intellectual property, trade secrets, information regarding contracts, analysis, data, information about Seller’s ownership, operational management, employees or contractors, or information that is confidential in nature.
- The Buyer hereby agrees to defend, indemnify, and hold harmless the Seller, its officers, employees, agents, and contractors from any and all claims and liabilities of any type or nature whatsoever arising out of any gross negligence or willful misconduct by the Buyer.
- Buyer affirms that they are aware of and will comply with the Biva Nutrition Advertising Policy when selling, marketing, or otherwise discussing branded products purchased from Seller, including but not limited to Cannabiva® branded products or other brands offered for sale and distribution by the Seller. Buyer affirms that failure to comply with this Advertising Policy can lead to immediate termination of Buyer’s account and distribution rights at Buyer’s sole expense.
Terms and Conditions Of Sale: Returns and Refunds
- Seller will make every effort to ensure products and/or services ordered by Buyer meet or exceed the specific description provided at the time of sale.
- A return/refund claim request must be submitted with your sales representative or through our online contact form within ten (10) calendar days of order receipt. Refund claim submission requests will be confirmed in writing via electronic mail upon receipt.
- Seller will, at their sole discretion, determine whether a return will be accepted and/or whether a refund shall be issued based on the factors outlined in these Terms and Conditions of Sale.
- Products that are delivered and accepted by the Buyer that meet or exceed the specifications for the items ordered will not be eligible for a refund unless otherwise agreed upon in writing by the Seller.
- Buyer affirms that products and/or services may include testing variances and these testing variances may fluctuate plus or minus 10% for claimed concentrations or ingredient amounts indicated on product supplement facts, information sheets, and/or third-party Certificates of Analysis.
- Buyer affirms that products and services meet or exceed expectations if they are within the variance described in Section 5 above.
- The following products are eligible for a return:
- Quality Issues: Products that do not meet or exceed the variances outlined in Section 5 and Section 6
- Damaged Products: Damaged products may include items with containers that have leaked, broken bottles or containers, damage to labels
- Expired Products: If the expiration date of product is less than 60 days of date of receipt by customer
- Seller will determine if eligible products should be returned by Buyer to Seller and Seller will compensate Buyer for shipping eligible products back to Seller either by issuing a shipping label for Buyer to use, or by applying a credit or refund to Buyer for return shipping costs. Seller will determine method of shipping for eligible products and advise Buyer prior to Buyer’s initiation of shipping eligible product back to Buyer.
- Buyer affirms that Seller, at their sole discretion, will have the option to replace the product or offer a refund for the original purchase price of the product ordered and/or invoiced.
- Seller will have seven (7) calendar days from the time a Return is requested to make a determination regarding product replacement or refund.
- Buyer affirms that, in the event Seller chooses to replace the product, Seller will have fourteen (14) days from the time of determination as outlined in Section 10 to produce and ship replacement product and/or service to Buyer.
- If Seller determines, per Section 10, that a refund is to be issued, Seller will have fourteen (14) business days to issue a refund in the payment method of their choice that may include refund payment directly to a bank or credit card, wire transfer, e-check, or mailed paper check.
- Seller is not responsible for refunding shipping or freight fees for orders that were shipped with upgraded shipping services such as Priority Mail, Second Day Delivery, Overnight Express shipping or other paid shipping services.
Effective as of November 1, 2020
Updated April 30, 2021