MitoQ website terms of use
Last Updated: July 21 2021
These terms and conditions (these "Terms") apply to the purchase and sale of products and services through http://www.mitoq.com/ (the "Site"). These Terms are subject to change by MitoQ Limited (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes. By placing an order for products or services from this Site, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions.
-
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 orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
-
Prices and Payment Terms.
(a) All prices, discounts, and promotions posted on this Site 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 (i) do not include taxes in the United States and (ii) do include taxes in other countries, 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 strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
(c) Terms of payment are within our sole discretion. Payment terms and accepted payment methods are displayed on our Site. We reserve the right to change our terms of payment or accepted payment methods from time to time and without notice. We currently partner with two payment platforms Stripe and PayPal. They accept Visa, Mastercard, American Express, JCB (and additionally Discover and Diners Club for USA customers). Stripe and PayPal may add or remove accepted methods of payment. You represent and warrant that (i) the credit card information you supply is true, correct and complete, (ii) you are duly authorized to use such credit card or payment platform for the purchase, (iii) charges incurred by you will be honored by your credit card company or the relevant payment platform, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
-
Shipments; Delivery; Title and Risk of Loss.
(a) 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. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. We do not guarantee that we can ship to any specific address.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments or for non-delivery.
-
Returns and Refunds.
Our full returns policy can be found at mitoq.com/returns, which are deemed incorporated into these Terms.
-
Limitation of Liability/Warranty and Disclaimers.
To the fullest extent permitted by law: (a) all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of this Site, the content on or accessed through this Site, or the purchase of goods from us; and (b) we will not be liable for any damage, loss or expenses, indirect losses, lost profits or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this Site, the content on or accessed through this Site, or the purchase of goods from us.
Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included, but to the fullest extent permitted by law our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again.
These Terms of Use do not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot lawfully be excluded. No provision of these Terms of Use is intended to exclude, restrict or modify any rights you may have under the New Zealand Consumer Guarantees Act 1993 or other New Zealand consumer laws. However, if you are using this Site, its content, or any goods purchased from us for business purposes, the exclusions in paragraph 5 above will apply and the New Zealand Consumer Guarantees Act 1993 and other New Zealand consumer laws will not apply.
-
Goods Not for Resale or Export.
Unless explicitly agreed otherwise in writing with MitoQ, you represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export.
-
Privacy.
We respect your privacy and are committed to protecting it. Our Privacy Policy, located at http://www.mitoq.com/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
-
Copyrights.
The copyright in all material provided on the Site is held by the Company, its affiliates, or by the original creator of the material. The contents of the Site may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the express permission of the Company or the copyright owner, except that you may copy, download or print the materials on the Site for personal use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without the Company’s permission, “mirror” any material contained on the Site or any other server. You shall not copy, use, modify, transmit, distribute, reverse engineer, or in anyway exploit copyrighted material. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from the Site, including but not limited to customer identities. Use of any software available for downloading from the Site is governed by the terms of the applicable license agreement accompanying or included with the software. All trademarks, service marks, and trade names in the Site are the marks of the respective owner(s), and any unauthorized use thereof is strictly prohibited. Any unauthorized use of any material contained on the Site may violate copyright laws, the laws of privacy and publicity, and communications regulations and statutes.
For the avoidance of doubt, and notwithstanding anything to the contrary set out in these Terms, all copyright, trademarks, trade names and other intellectual property of MitoQ is, and at all times remains, the property of MitoQ, and nothing in these Terms is intended to imply otherwise.
-
Linked Websites and Applications/Stores.
The Site may provide links or references to other websites or applications originating from other companies, individuals or organizations. However, the materials that can be accessed from such websites or applications are not maintained by us and we are not responsible for the contents thereof and we shall not be liable for any damages or injury arising from that content. Any reference to a linked website or application or any specific third-party product or service by name does not constitute or imply its endorsement by us, and you assume all risk with respect to its use.
-
Force Majeure.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
-
Governing Law and Jurisdiction.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the Country of New Zealand and you submit to the exclusive jurisdiction of the New Zealand Courts.
-
Dispute Resolution and Binding Arbitration.
(a) OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) Where you have any claim or dispute as to anything covered by these Terms, before taking any such claim or dispute before any court you agree to first refer such claim or dispute to the arbitration of a single arbitrator agreed upon by the parties, or where agreement cannot be reached, a single arbitrator appointed by the President for the time being of the New Zealand Law Society (or their representative) and the arbitration will be governed by the New Zealand Arbitration Act 1996. However, nothing in this clause will prevent any party from taking immediate steps to seek interlocutory relief before an appropriate court.
(c) The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
(d) If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
-
Assignment.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
-
No Waivers.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of MitoQ Limited.
-
No Third-Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
-
Notices.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to customerservice@mitoq.com.
-
Severability.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
-
Entire Agreement.
Our order confirmation, these Terms and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.