These Standard Terms and Conditions (“Terms”) govern the purchase and sale of all merchandise (“Product”) sold by the seller, Jackson Wink Nutrition, LLC (JW Nutrition) to any purchaser (“Customer” or “YOU").
Customer accepts these Terms upon purchasing any Product from JW Nutrition as indicated by the completion of any online or in-store transaction, including through JW Nutrition’s website. If these Terms conflict with JW Nutrition’s invoice or any other document, these Terms shall prevail. Delivery is complete when Customer takes possession of the Product or the Product arrives at the destination requested by Customer, whichever is sooner. Upon delivery, title, risk of loss, and the duty to insure the Product passes from JW Nutrition to Customer.
Inspection. Returns. The Customer shall immediately inspect the Product and report any damage, defect, discrepancy, or nonconformity to JW Nutrition within 14 calendar days of taking possession or receiving Product at Customer’s destination address, whichever is sooner. If Customer does not notify JW Nutrition of any Product damage, defect, discrepancy, or nonconformity within 14 days, Customer waives the right to return said Product. Provided, however, that for any nonobvious or latent or hidden damage, defect, discrepancy, or nonconformity that could not have been revealed via a reasonable inspection, Customer shall report the same to JW Nutrition within 14 calendar days of either discovering such damage, defect, discrepancy, or nonconformity, or within 14 days of when the same could have been discovered by a reasonable inspection, whether actually discovered or not.
Statute of Limitations. Statute of Repose. The Statute of Limitations for any claim relating to Product shall be one year from the date of alleged injury. The Statute of Repose for any Product shall be one year from the date the Customer takes possession of the Product or receives the Product at the Customer’s destination, whichever is sooner.
Venue; Choice of Law. Regardless of any contrary choice of law provisions, this agreement is made under and shall be construed solely in accordance with the laws of the State of New Mexico and the federal courts therein. Venue shall only be proper in Bernalillo County, New Mexico and any applicable federal districts. Customer waives all defenses of lack of personal jurisdiction and forum non conveniens. The prevailing party in any action under this agreement shall be entitled to recover reasonable attorneys’ fees and costs.
Entire Agreement. This agreement constitutes the entire agreement and understanding between the parties concerning the subject matter and merges and replaces any previous agreements, understandings, and representations.
Warranties; Disclaimers. JW Nutrition makes no warranties except as expressly stated in these Terms. JW Nutrition warrants that it is the lawful owner of the Product before customer, that it may sell the same, and that the Product is free of any lien or encumbrance. The Product is sold “as is” with customer having a full opportunity to inspect before purchase or upon receipt. JW Nutrition makes no other warranty, representation, or guarantee, express or implied, regarding the product. JW Nutrition expressly disclaims any implied warranty of fitness for a particular purpose.
Purchase. Payment terms. Customer shall pay the purchase price on the invoice in the currency stated on the invoice. Payment shall be due as the Parties agree and without discount for early payment. Unless expressly stated otherwise, all prices include shipping and taxes. Overdue amounts are subject to a finance charge of 1.5% per month or the maximum amount by law, whichever is lower, until paid in full. Customer shall be responsible for all costs and attorneys’ fees regarding any collection activity necessitated by Customer’s late- or non-payment.
Dispute Resolution. In case of a dispute regarding a purchase under this agreement, the party initiating the dispute must provide the other with written notice of the specific nature of the dispute and the relief requested. The receiving party shall have 30 days to review and respond to the Notice of Dispute. If the parties are unable to informally resolve the matter, their sole and exclusive means of dispute resolution shall be binding arbitration according to the rules of the Federal Arbitration Act (FAA). Both parties waive the right to a trial, by either a jury or judge. If sent to JW Nutrition, any Notice of Dispute shall be mailed by certified mail to:
Jackson Wink MMA Academy, Attn: JW Nutrition, 301 Martin Luther King Jr Ave NE, Albuquerque, NM 87102
Return Policy. Customer may not return Product based on shelf life. Customer may only return Product due to damage or defectiveness or where there is a discrepancy or nonconformance with the invoice, per Section 3. The sole and exclusive remedy for returned Product shall be the replacement of the purchased Product with the same Product plus a store credit for any shipping costs borne by the Customer in timely returning damaged or defective Product. JW Nutrition does not accept Product exchanges. JW Nutrition will not accept returns for Product purchased on sale.
How to Contact Us. If You have questions or comments, please contact us by sending us mail to Jackson Wink MMA Academy, Attn: JW Nutrition, 301 Martin Luther King Jr Ave NE, Albuquerque, NM 87102, or by e-mail at email@example.com
Limitation of Liability. If JW Nutrition breaches this agreement, Customer’s sole and exclusive remedy shall be the total amount of Product purchased that gives rise to the dispute. Customer waives any recovery for other damages including without limitation and whether foreseeable or not, any damages for indirect, consequential, special, or incidental damages, lost profits; or punitive damages.
Change to Terms. JW Nutrition reserves the right, in its sole discretion, to modify these Terms at any time by posting the modified or revised terms on its website at www.barleans.com without further notice to Customer. Because JW Nutrition may change these Terms without notice to You, periodically check for modified Terms.