Terms and Conditions of Sale for Pure Barre Barres, Brackets, and Components
These Terms and Conditions of Sale ("Agreement") contain the terms and conditions that apply to orders placed for Pure Barre Products from Vita, Inc. By purchasing from us, you accept, and agree to be bound by, these terms and conditions. Any attempt to alter, supplement, or amend this Agreement or to enter an order for products(s) that is subject to altered or additional terms and conditions will be null and void, unless otherwise agreed to in writing signed by both you and VITA. These terms and conditions are subject to change without notice at VITA's sole discretion.
1. Definitions
a. "We", "us" and/or "our" means Vita, Inc., dba, VitaVibe.com, BalletBarreStore.com, or any of its subsidiaries or affiliates (collectively "VITA"). b. "You", "Your" and/or "Customer" means the individual(s) or entity/entities identified on the Order Confirmation. c. “Pure Barre” means the Pure Barre and any of its subsidiaries or affiliates.
2. Payment Terms, Orders, Quotations.
Quoted prices are in US Dollars and, unless otherwise noted, exclude shipping, handling, and any taxes that may be imposed by the governmental authority of the jurisdiction in which you reside and/or work. Unless otherwise agreed to by VITA, your order is not accepted by us until your payment has been received by us in full. Until full payment is received, your order is not binding on us, and any price quotation from VITA is subject to change at any time without notice. We reserve the right to reject or cancel any order at our sole discretion. We reserve the right to prosecute fraud to the full extent of the law including but not limited to credit card fraud and check fraud. VITA is not responsible for pricing errors, typographical and other like errors and reserves the right to cancel any orders resulting from such errors.
3. Products.
Pure Barre product(s) supplied by Vita, Inc. are in accordance to Pure Barre Corporate specifications and are subject to new standards provided by Pure Barre and are subject to change.
4. Processing Times.
Processing times start upon payment authorization and do not include in-shipping transit period. It is our responsibility to maintain direct communication with customer regarding any delays of which we are aware. We are not responsible for lack of communication from a customer which delays order processing.
5. Shipping Charges, Taxes, Title, Risk of Loss.
Shipping and handling are additional charges unless otherwise expressly indicated at the time of sale. Shipping dates are best estimates. Customer is responsible for any duty taxes assessed by customs. Title to the product(s) passes to you and risk of loss passes to you when the product(s) are delivered to the address you designate. Loss or damage that occurs during shipping from VITA to customer by a carrier selected by Vita Vibe is the responsibility of the carrier. It is our responsibility to insure the shipped product and file claims with the insurer and/or the carrier should damage or loss occur. If you receive a shipment containing damaged product(s), or if you receive a shipment containing less than all product(s) you ordered, you must notify VITA and make a claim within five (5) calendar days of such receipt. After we confirm the validity of such claim, we will (a) in the case of damage or loss of product(s) during transit, file a claim with the insurer and/or the carrier, and (b) in the case of incomplete shipment that is our responsibility, ship the remainder of ordered product(s) to you. Unless you provide us with a valid, complete and accurate tax exemption certificate applicable to your purchase of product(s) and the product(s) ship-to location, you are responsible for sales and other taxes associated with the order.
6. Product Return.
Pure Barre Product(s) are exempt from the return policy set forth by VITA. All sales are final and are non-returnable and non-refundable once payment is received. In the event that customer receives product(s) that are damaged or defective due to material defects and/or workmanship, VITA will exchange the product(s).
7. Warranty
Pure Barre Products are not warranted by Vita, Inc.