Introduction
Welcome to the Don’t Bite Me! Patch Web store. This Terms of Use Agreement sets forth the Agreement between Relax UK Ltd. (“Don’t Bite Me! Patch” or “we”) and each user (“you” or “user”) governing the use by you of this site. All orders accepted herein are fulfilled by Don’t Bite Me! Patch, which is subject to all of the provisions set forth herein. Please read this Agreement carefully before using this site. By using this site, you signify your assent to this Terms of Use Agreement. If you do not agree to the terms and conditions contained in this Terms of Use Agreement, you may not access or otherwise use this site. This Agreement does not apply to any transaction or relationship between the parties that is not related to the use of this Web site and/or the purchase and sale of merchandise through this Web site.
Copyright and Trademarks
All Web site design, text, graphics, sound, software and other content, and the selection and arrangement thereof, are the property of Don’t Bite Me! Patch or its licensors, and are protected by United States and international copyright law. All rights to such materials are reserved to their respective copyright owners. Permission is granted to electronically copy and to print in hard copy portions of this Web site for the sole purpose of placing an order with Don’t Bite Me! Patch or using this Web site as a shopping vehicle.
Any other use of materials on this site, including without limitation reproduction for purposes other than noted above, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of Don’t Bite Me! Patch, is strictly prohibited.
Don’t Bite Me! Patch, and all logos, page headers, custom graphics and icons are service marks and/or trademarks of Don’t Bite Me! Patch or its licensors or affiliates. All other trademarks, service marks, product names and company names or logos that appear on this site are the property of their respective owners.
No Warranty – Disclaimer
Don’t Bite Me! Patch is providing this site and its contents on an “as is” basis. Don’t Bite Me! Patch and its officers, directors, employees, agents, licensors, suppliers, financers, content providers and the like (together, “affiliates”) make no representations or warranties of any kind, express or implied, with respect to this site or its contents, including without limitation the products, information or services offered or sold on or through this site or any Linked Site and the uninterrupted and error-free use of this site. Don’t Bite Me! Patch and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. Don’t Bite Me! Patch and its affiliates do not warrant that the site or files available on the site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by Don’t Bite Me! Patch or its affiliates will create any warranty not expressly set forth herein. Your use of this site and any Linked Site is at your sole risk.
Order Acceptance
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped.
Some situations that may result in your order being canceled include limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; product or ingredient restrictions mandated by local, state, national or international regulations; or problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.
If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Don’t Bite Me! Patch strictly follows all national and international regulations regarding the sale, purchase and shipment of any product or product ingredient that is considered restricted or prohibited by any law within the United States or abroad.
Order Returns
You may return any unopened product with accompanying receipt within thirty days of purchase and receive a full refund at any of our stores, or by mail. Please contact the offices at +4401206 767300
Prices & Currency
The prices displayed on this Web site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. International shipment rates vary based on total package weight and final destination. All pricing does not include duties, insurance costs, tariffs, or value-added taxes. If assessed, these charges are the responsibility of the package recipient, who will be billed for them by the local Customs office.
Pricing or Typographical Errors
We are committed to providing accurate product and pricing information. However, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Don’t Bite Me! Patch shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
Quantity Limits and Items for Resale
Don’t Bite Me! Patch reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied.
Limitation of Liability
Don’t Bite Me! Patch and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use this Web site, including without limitation any liability (i) as a publisher of information, (ii) as a reseller of any products or services, (iii) for any defective products, (iv) for any incorrect or inaccurate information, (v) for any unauthorized access to or disclosure of your transmissions or data, (vi) for statements or conduct of any third party on the site, or (vii) for any other matter relating to this site or any linked site. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental or consequential damages (including without limitation damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise, even if the user advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Don’t Bite Me! Patch and the user. The products, information and services offered on and through this Web site would not be provided without such limitations. Because the laws of some states may not allow for the exclusion of certain damages, in such states liability is limited to the fullest extent permitted by law.
Notwithstanding the foregoing, the sole and entire maximum liability of Don’t Bite Me! Patch and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Don’t Bite Me! Patch on this Web site.
You agree to indemnify, defend and hold harmless Don’t Bite Me! Patch and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to this Web site.
Site Usage/Termination of Usage
You agree to maintain the security of your account on the site, including the security of your password and other confidential information relating to the use of the site and your account on the site. You agree to be responsible for all charges resulting from the use of your account on the site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Don’t Bite Me! Patch.
You agree to use this site only for lawful purposes, and that you are responsible for your use of and communications on the Web site. You agree not to post on or transmit through this Web site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this site in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Web site. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the Web site or material thereon.
You further agree that you will not access our Web site by any means except through the interface provided by Don’t Bite Me! Patch for access to the site. You agree that you will not access this site from any territory where its contents are illegal, and that you, and not Don’t Bite Me! Patch and its affiliates, are responsible for compliance with applicable local laws.
These terms are effective unless and until terminated by either you or Don’t Bite Me! Patch. You may terminate this Agreement at any time, provided that you discontinue any further use of this Web site. Don’t Bite Me! Patch also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the site, if in Don’t Bite Me! Patch’s sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or Don’t Bite Me! Patch or its affiliates. Upon any termination of the Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Web site, as well as all copies of such materials, whether made under the terms of use or otherwise.
You agree that Don’t Bite Me! Patch may terminate or suspend your access to all or part of this Web site, without notice, for any conduct that Don’t Bite Me! Patch, in its sole discretion, believes is in violation of these Terms of Use or any applicable law or is harmful to the interests of another user, Don’t Bite Me! Patch or its affiliates.
Applicable Law; Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without regard to choice of law rules. Each user agrees to submit to personal jurisdiction in the State of Texas and further agrees that any cause of action arising from or relating to the use of this site or this Agreement shall be brought exclusively in Federal or State Courts for Harris County, Texas.
Severability; Interpretation
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term “including” shall be deemed to be followed by the words “without limitation.”
Entire Agreement
This Agreement constitutes the entire and only Agreement between Don’t Bite Me! Patch and each user of this Web site with respect to the subject matter of this Agreement and supercedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement. You agree to review this Agreement prior to your use of this Web site and your use of this Web site shall be deemed acceptance of and assent to this Agreement by you.
Changes to Terms of Use Agreement
This information was last updated on May 10, 2012. Don’t Bite Me! Patch may, in its sole discretion, amend this Terms of Use Agreement from time to time. Please check this Agreement area periodically for changes. Use of this Web site after any modification implies that you consent to this Agreement as modified.
Miscellaneous
The failure of Don’t Bite Me! Patch or its affiliates to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this site or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “No Warranty – Disclaimer” and “Limitation of Liability” provisions of this Agreement are for the benefit of Don’t Bite Me! Patch and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
With the prior agreement of Don’t Bite Me! Patch, any claim, dispute or controversy arising or concerning this site and/or this agreement shall be decided by binding arbitration with the Rules of the American Arbitration Association and any such arbitration pro brought and held in Harris County, Texas, USA. The decisions of the arbitrators shall be conclusive upon all parties involved and judgment upon any award of the arbitrator by any court having competent jurisdiction. This provision shall be specifically enforced by a court of competent jurisdiction.