TERMS N’ CONDITIONS
INTRODUCTION
These terms and conditions (Terms and Condition) govern your use of, access to, and purchase of products through https://www.MEDNOKTA.com/ (the “Website” or "Site"). By using the Site, you agree to comply with and be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site.
1. General
https://www.mednokta.com/ is the property of ENSOU LLC DBA med. Nokta, (Seller's Permit Number 239441728-00001), whose registered office is in Los Angeles, California, and the services (Services) that are provided by ENSOU LLC (Provider).
2. Other Site Policies
Please review our Terms & Condition, Return Policy, Privacy and Cookies Policy (collectively, the “Site Policies"). All Site Policies are incorporated in these Terms and Conditions by this reference and, therefore, apply to your access to, use of, and purchase of products from the Site (“Product”). If you do not agree to our Site Policies, please do not use the Site. We reserve the right to make changes to the Site, the Site Policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
3. Access to the Site
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet, or other mobile devices) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.
We may, from time to time, restrict access to certain features, parts, or content of the Site, or the entire Site, to users who have registered with us. You must ensure that any registration details you provided are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifiers) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorized use or other security breaches of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.
6. Purchase for personal use only
You may purchase products on the Site only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale and you accept our Terms and Conditions Neither Ensou LLC nor the Provider has any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
What you are allowed to do
You may only use the site for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.
What you are not allowed to do
Except to the extent expressly set out in these terms and conditions, you are not allowed to:
- 'scrape' content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site;
- remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or
- create links to the Site from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.
You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.
7. Privacy
We recommend that you read our Privacy Policy which explains our online privacy practices.
8. Intellectual Property
All content included on the Site, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the "Content"), is the property of ENSOU LLC and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express wrote consent of ENSOU LLC as the case may be. ENSOU LLC shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. ENSOU LLC shall have the right, at any time, to claim the authorship of any Content posted on the Site and to object to any use, distortion or other modification of such Content. Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by ENSOU LLC shall be carried out by you for lawful purposes only and in compliance with all applicable laws.
9. Licensee and Site Access
The viewing, printing or downloading of any Content from the Site grants you only a limited, nonexclusive and nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any Content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You will be solely responsible for all damages and other harm resulting from your use of the Site and the Content. ENSOU LLC shall not be deemed liable for any use of the Site and the Content made by you in violation of any applicable laws and regulations and these Terms and Conditions.
10. External links
The Site may, from time to time, include links to external sites “Third Party Websites”, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of Third-Party Websites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY THE PROVIDER, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE THE PROVIDER AND/OR ENSOU LLC LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD-PARTY WEBSITES.
11. Miscellaneous
You may not transfer or assign any or all of your rights or obligations under any Contract.
All notices given by you to us shall be given in writing to the address set out at the end of these Terms and Conditions. We may give notice to you at either the email or postal address you provide to us when placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these Terms and Conditions is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Sale remain in full force to the extent permitted by law.
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.
All matters arising out of or relating to these Terms and Conditions, including, without limitation, their validity, interpretation, construction, performance, and enforcement shall be governed by law of England and Wales. The Courts of England and Wales shall have the exclusive jurisdiction to settle all legal proceedings arising out of or in connection with these Terms and Conditions.
12. Disclaimers and limitations of liability
THE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDED IN THE www.mednokta.com SITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION. THE PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
13. Privacy
The Terms and Conditions of the Privacy Policy govern the processing of all personal data collected from you in connection with your purchase of Products through the Site.
14. Force Majeure
Provider shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.
15. Contacting us
Please submit any questions you have about these Terms and Conditions or an order you have placed or ordering in general by
Pre-Orders
We offer pre-orders to help minimize waste and create an equilibrium between our supply and demand.
- PLEASE READ Thoroughly -
Place your order the same way you would for direct orders.
YOUR ORDER will be followed by a CONFIRMATION EMAIL and receipt. This email CONSTITUTES AN AGREEMENT FROM MED. NOKTA TO PROVIDE you with THE PRODUCTS you requested at the agreed-upon price OF YOUR ORDER.
Save the email as we may require verification of your order information prior to shipping your order. We ship to the address provided by the customer, and we are not responsible for lost or missing orders due to an incorrect shipping address provided.
All pre-order sales are produced within 8-16 weeks after the pre-order is made. We will notify all customers when production has closed on pre-orders. Please allow 4-8 Weeks for orders to be shipped after the production window has closed.
If a pre-ordered item will be shipped outside the estimated (later than 8-24 weeks), the customer will be notified and, at the customer’s election, either refunded in full or provided with an updated estimated shipping date.
Production updates will be sent out via email. Once an order has been shipped, you will receive an email with a tracking number.
Pre-order returns are processed the same way all other purchases are processed.
Thank you.
email: info@mednokta.com
Phone: (323) 636-9951