The following Terms and Conditions govern your use of our products discussed in
www.greatsexpills.com (the "Website"). This describes your rights and responsibilities. If you browse, visit or shop at this website you agree to be bound by these Terms and Conditions. If you do not agree with any of these Terms and Conditions, do not use this web site.
In the context of this website, "we" and "us" means FSM Global and "you" means you, the customer or user of this website.
The Website, is an Internet-based online products sales service owned by FSM Global. By accessing or using www.greatsexpills.com, you agree to be bound by the terms and conditions of this agreement (the "Agreement").
These Terms and Conditions together with your order constitute the entire contract between you and FSM Global for the supply of products. No other Terms and Conditions will apply. The contract cannot be varied unless we agree to vary it in writing or by email.
FSM Global reserves the right to make changes to these Terms and Conditions at any time because of frequent changes in Internet technology and applicable law. Therefore you should check these Terms and Conditions from time to time for such changes.
If you do not wish to be bound by this Agreement, you may not access or use
www.greatsexpills.com and we may modify this Agreement at any time, and such
modification shall be effective immediately upon posting of the modified Agreement. You agree to review this Agreement periodically to ensure that you are aware of any modifications. Your continued access or use of www.greatsexpills.com shall be deemed your conclusive acceptance of the modified Agreement.
1. General Provisions of this Agreement
No Contract shall be considered entered into until customer's order for the products has been accepted by FSM Global. It may from time to time set credit limits for certain customers and it reserves the right to limit sales including the right to prohibit sales to re-sellers. In the event that a product ordered by customer is not available, FSM Global is entitled, subject customer´s consent, to substitute a product for another similar product.
2. Registration
Customer agrees to complete the registration process in accordance with the requirements set out in the Website and agrees to provide complete, updated and correct information about customer. When you place an order with FSM Global, you are deemed to have made an offer to purchase the product you have chosen based on these Terms and Conditions. FSM Global will issue you with an Order Number by email after we have received your offer to purchase the product.
FSM Global has the absolute discretion to refuse the registration of a customer for any reason whatsoever and to terminate a customer´s account for any reason whatsoever.
FSM Global will notify you when we process your order by sending you an Order Confirmation and tax invoice via email. FSM Global can only accept your offer after it has passed our internal validation procedures, in order to prevent credit card or payment fraud.
FSM Global retains absolute discretion to refuse your purchase requisitions, terminate accounts, remove or cancel orders. If for any reason whatsoever FSM Global cannot process or accept your order after payment is received, we will contact you by email or telephone.
3. Payment
Customer shall make payment in full, prior to collection of the product, unless credit terms have been expressly agreed by FSM Global. All payments shall be made either by credit card. Customer shall pay all applicable duties, taxes, sales commissions unless otherwise agreed to in writing by FSM Global.
FSM Global shall only accept payment through valid and acknowledged methods. Payment will not be processed until FSM Global receives all the relevant information. The processing of payment for Orders placed on a weekend or a public holiday will not begin until the next working day.
4. Delivery
If the product is to be shipped to a facility within Nevada the equipment shall be sold FOB Nevada. If the product is to ship outside Nevada the equipment shall be sold EXW Nevada. Customer shall pay all packaging, transportation and insurance costs. Customer agrees to bear all shipping and handling charges as well as all government, state, provincial, local sales, goods and services, value added, excise, privilege and any other levies/taxes.
You will be provided with an estimated delivery time when you checkout from placing your order. The estimated delivery times are in working days; that is, from Monday through Friday excluding public holidays. Normal delivery is within _______ working days from the date of payment of your order.
FSM Global shall use reasonable endeavors to deliver the products to the place of delivery designated by customer. The date(s) stated by FSM Global for delivery of the products is/are approximate only and company shall not be liable for any delays in the delivery of the products, if the delay was due to reasons beyond the control of the company.
FSM Global makes every effort to deliver your product within the estimated delivery time. The actual delivery times may change due to changes in supply or circumstances beyond our control.
We encourage you to check your account and correlate the same on our website to view the delivery status of your products. If your product has not arrived within the estimated delivery time, please contact us. Customer shall immediately inform FSM Global of any change to his delivery address and contact number.
All risk to the products shall pass to customer upon delivery of the products to customer but title in the products shall remain with the company unless full payment of the products has been made.
Unless customer informs FSM Global on the date of delivery or within two days in writing, the products shall be deemed to have been accepted by customer to be in good condition and in accordance with the contract.
5. NO WARRANTY
While every effort is made to ensure that the content of this Website is accurate, the Website is provided "as is" and www.greatsexpills.com makes no representations or warranties in relation to the accuracy or completeness of the information found on it.
The information presented through this Website is for the sole purpose informing people about the www.greatsexpills.com and is for general information purposes only. Any medical information provided on this Website should not be relied on and individuals should consult their own health care professionals before deciding to take these products. We do not take any warranty as to the performance of the product, nor do we recommend any dosages. Further we do not warrant on the safety of these products for each individuals health requirements.
The listing of a person or organisation in any part of this Website are for convenience only and in no way implies any form of endorsement of the information, products or services provided by that person or organisation.
6. Limitation of Liability
Any liability of FSM Global whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect of the products or any other breach by the company under the contract shall not exceed an amount equivalent to the price of the products.
FSM Global shall not be liable under any circumstances for any loss, damage or expense you suffer or incur arising from or in any way connected with the FSM Global´s products or your engagement with the Company.
FSM Global shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall it be liable for any damage or loss caused by company´s employees, agents, or sub-contractors or other persons whatsoever. FSM Global shall not be liable for any loss, injury, damages, costs, expenses or delay arising
from or in any way connected with:
(a) Your failure to meet FSM Global´s terms and conditions;
(b)Any act or omission on your part, whether willful, negligent, fraudulent,
dishonest, reckless or otherwise.
Any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by FSM Global or contained or displayed on www.greatsexpills.com shall be subject to correction without any liability whatsoever on FSM Global´s part.
Customer expressly acknowledges and agrees that FSM Global assumes no obligation or liability for any advice or information given concerning the products and the company shall not be responsible for any inaccuracy or misstatement of any such information. The products shall be deemed to be accepted by the customer entirely at the customer´s own risk.
7. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Nevada. The parties agree that Nevada courts have jurisdiction over them and this Agreement, that Nevada is an appropriate venue for any litigation arising hereunder, and that all litigation related to this Agreement shall, to the extent possible, be conducted in Nevada. The parties hereby acknowledge and agree that the provisions of the Sale of Goods (United Nations Conventions) Act, Chapter 283A are expressly excluded and shall not apply to the terms and conditions of this Agreement.
Pursuant to the international law provision of conflict of laws, any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the courts in Australia, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.
8. Acceptance and Performance
Time is of the essence in the execution and performance of this Agreement. Customer shall have this Agreement executed by a duly-authorized representative of Customer and return it to Seller within one (1) day of the date first set forth above. Customer shall pay for and take delivery of the product within ten (10) days of the date first set forth above.
9. Sales Tax
Any sales use and excise tax, goods and services tax shall be the responsibility of customer and may be collected by FSM Global, if required by law.
Furthermore, all manufacturer´s tax, retailer´s occupation tax, use tax, sales tax, excise tax, duty, customs fee, inspection or testing fee or any other tax, fee or
charge of any nature whatsoever that is imposed or required to effect delivery of the FSM Global products shall be paid by you, as customer/client, in addition to the price quoted or invoiced.
10. 10. Account Security
It is your responsibility to provide your exact email address, delivery address, billing address and telephone number. Any incorrect information provided may lead to a delay in delivering the products ordered by you.
You are responsible for the confidentiality of your account password, should this feature be available on the www.greatsexpills.com website. Only your password and account details are stored on a secure server for ease of use in processing future orders or for warranty claims. FSM Global does not store any of your credit card details. The information is only used to process your orders, for statistical purposes that may improve our website and its services, and to allow us to notify you of special offers or new products via our newsletters. Please refer to our Privacy Statement on this website.
11. Indemnification
Customer agrees to be liable for every order made under their account and agrees to indemnify FSM Global against all claims and/or damages whatsoever made by any third party arising from the actions of a person/entity placing orders for the products using customer's account.
12. Customer Assertion
Customers are aware that these products, become inactive over time and that heat or inappropriate storage can accelerate this degradation. Customers acknowledge that they care for the products and is not within the control of FSM Global and that you are wholly responsible for such care and timely disposal of old products.
13. Intellectual Property Rights
You acknowledge that we own all right, title, and interest in and to the Site, including all intellectual property rights. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create the products from the FSM Global platform.
14. Non-Waiver
FSM Global´s failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement. FSM Global may assign its rights and duties under this agreement to any party at any time without notice to you.
15. External Links
Links to other sites are for your convenience and you use such links at your own risk. FSM Global has not tested or verified any information, products, services or security features on such links. FSM Global, its´ shareholders, owners, directors, officers, associates, suppliers, employees, advertisers, successors and assigns are not liable for any damages arising from the use of any links on this Website.
16. Customer Undertaking
You agree that you are responsible and liable for all use on your customer account, including the actions of anyone who uses FSM Global´s products through your own copy, with or without your authorization.
You agree that you are responsible for backing up any data, software, information and any other files stored on your computer disk or drives. Under any circumstances, you acknowledge and agree that we will not be responsible for any loss or corruption of data. You agree to notify us whenever your personal or billing information changes and that providing false or incorrect information may result in purchase requisition withholding or product delivery delay.
17. Non-Guarantee Clause
While we attempt to provide current images reflecting containers and appearance actual shapes and sizes may vary from images portrayed. Note that various sizes may also dictate packaging parameters.
18. Liability Disclaimer
THE INFORMATION, CONTENT, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH FSM GLOBAL´S PRODUCTS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FSM GLOBAL MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE OR ANY USER SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE MEDICAL PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
FURTHER, WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SAFETY AND ACCURACY OF THE PRODUCTS CONTAINED ON THE WEBSITE OR ACCESSED THROUGH THE SERVICES FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FSM GLOBAL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
19. Variations/Amendment
FSM Global shall have the right to amend these terms and conditions in its sole discretion and is under no obligation to notify customer of such changes. It is customer's responsibility to review the terms and conditions prior to submitting any order and FSM Global is under no responsibility or obligation to inform customer of any changes to the terms and conditions prior to the coming into effect of such changes.
FSM Global shall use reasonable endeavours to ensure that the prices and information on the products made available on www.greatsexpills.com are correct but FSM Global reserves the right at any time to vary the price and other information of the products without notice. No modification of, or amendment to, this Agreement (including any implied waiver) shall be effective unless in writing signed by all parties hereto.
20. Dispute Resolution
Any claim under these Terms and Conditions must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorney´s fees. In the event of any controversy or dispute between FSM Global and you arising out of or in connection with your use of the former´s products, the parties shall attempt, promptly and in good faith, to resolve any such dispute.
If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
21. Force Majeure
If the performance of or obligations by FSM Global has been delayed or prevented by reason of "force majeure" (which shall include prevention occasioned by fires, casualties, accidents, acts of God, natural disasters, any law, order, proclamation, regulation, demand or requirement of any government or of any government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever beyond the reasonable control of FSM Global), FSM Global shall be excused from such performance/obligation and shall not be liable for any delay or prevention from performing its obligations under these terms and conditions.
22. Severability
If any provision of this agreement (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision shall be enforced as nearly as possible in accordance with the state intention of the parties, while the remainder of this agreement shall remain in full force and effect and bind the parties according to its terms.
As such, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
23. Headings
All section headings herein are for convenience only and are in no way to be construed as part of this agreement or as a limitation or expansion of the scope of the particular sections to which they refer.
24. Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and FSM Global as a result of this Agreement. Your engagement shall be governed by a sales and purchase undertaking.
19. Entire Agreement
This agreement sets forth the entire agreement and understanding of the parties with respect to the subject matter hereof and merges all prior or contemporaneous agreements and understandings (whether written verbal or implied) of the parties with respect thereto.
This Agreement may not be modified except by mutual written agreement between you and FSM Global that is signed, whether by hand or electronically, by duly authorized representatives of both parties and expressly references amendment of this Terms and Conditions.
You acknowledge that no other written, oral or electronic communications will serve to modify or supplement this Agreement, and you agree not to make any claims inconsistent with this understanding or in reliance on communications not part of this Agreement.
