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IT IS IMPERITIVE THAT YOU CAREFULLY REVIEW AND UNDERSTAND THESE TERMS BEFORE PLACING AN ORDER FOR PRODUCTS OR SERVICES THROUGH THIS WEBSITE.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES THROUGH THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF SALE.
TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES
These Terms and Conditions of Sale (these “Terms of Sale“)(https://abstraxtech.com/pages/terms-conditions) apply to the purchase and sale of products and services through abstraxtech.com (the “Website”). These Terms of Sale are subject to change by Abstrax Tech, Inc. (referred to as “Abstrax”, “Abstrax Tech,” “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms of Sale, along with our Terms and Conditions of Use (referred to as “Terms of Use”) (https://abstraxtech.com/pages/terms-conditions), and our Privacy Policy (referred to as “Privacy Policy”)(https://abstraxtech.com/pages/privacy-policy) will be posted on this Website, and you should review these Terms before purchasing any product or services that are available through this Website. Your continued use of this Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
Abstrax incorporates by reference our Terms of Use (https://abstraxtech.com/pages/terms-conditions), and our Privacy Policy (https://abstraxtech.com/pages/privacy-policy) into these Terms of Sale. As used herein, “Terms” shall collectively refer to Abstrax’s Terms or Use, Terms of Sale, and Privacy Policy.
PRODUCTS
Abstrax sells certain terpene products. As used herein, “Products” or “Product” shall refer to those items and services available for purchase through the Website. It is understood and acknowledged that Abstrax maintains all ownership of intellectual property and Confidential Information, including certain ingredients, used in the production, or rendering of the Products.
Customer agrees it will not reverse engineer, run any analytical tests to determine the composition of, disassemble or decompile any Product or tangible object which includes the Products which Customer purchases from Abstrax, or to transfer any such Product or tangible object to any third party.
Customer agrees not to disclose, copy, release, or use for its own benefit any Confidential Information Customer receives from Abstrax concerning the Products. The obligation shall continue until the information is no longer confidential. As used herein, “Confidential Information” means any and all business, technical or financial information of Abstrax or its customers not generally known to the public, whether written, electronic, or verbal. Confidential Information includes, but is not limited to, the following: product or service designs, formulas, ingredient lists, drawings, layouts, ideas, creations, techniques or innovations, operational processes, know-how, trade secrets, and any other information that by its nature would reasonably be assumed to be confidential. Confidential Information does not include any information that: (1) is in, or lawfully enters, the public domain other than as a result of a disclosure by Customer, (2) was or becomes known to the Customer by means unrelated to a disclosure by Abstrax, from a source that was not prohibited from disclosing such information, or (3) is developed by Customer independently of the information disclosed by Abstrax without use, incorporation of, or reference to Abstrax’s Confidential Information.
Customer shall take commercially reasonable measures to protect the confidentiality of the Confidential Information and to avoid any disclosure of any Confidential Information to any other person by anyone to whom it has disclosed or provided access to the Confidential Information.
Customer acknowledges that, in the event of any breach or anticipatory or threatened breach by Customer of any of the provisions of this Agreement, the remedies available to Abstrax at law may be inadequate and hereby agrees that, in addition to any other remedies that may be available to Abstrax, Abstrax shall be entitled to obtain temporary or permanent injunctive relief without the necessity of proving damages. Such remedies shall be cumulative and nonexclusive and shall be in addition to any other remedy to which Abstrax may be entitled.
All information is provided on an as is basis and no warranties, express or implied, are made as to the completeness, accuracies, or fitness of use of any information provided. Nothing in this Agreement is intended to grant to Customer any rights or license in or to any patent, copyright, trademark, or other intellectual property rights of Abstrax.
By purchasing Products through our Website, you acknowledge that the Products sold on Abstrax’s website are formulated for flavor and fragrance in food, beverage, cosmetic, and consumer product goods. If your intended use is for vape products, please contact your sales representative to discuss proper documentation and shipping methods available.
ORDERS
You agree that your order is an offer to buy, under these Terms, all Products 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 any orders in our sole discretion. Acceptance of your order and the formation of the contract of sale between Abstrax and you will not take place unless and until you have received your order confirmation email.
Your satisfaction is our highest priority. We maintain every effort to ship your order within 24-48 hours of receiving it, Monday through Friday 8am to 5pm PST. Orders placed after 12:00pm PST may be shipped the following day. During busy periods or if your item is not in stock, it may take up to 10 business days for your order to ship. If it takes more than 5 business days for our order to ship for any reason, you will be notified via email.
All shipped orders are insured. Once the order has shipped, you will receive the tracking number via email.
If you have any questions regarding your existing order, please do not hesitate to contact us at info@abstraxtech.com. Please include your order number in your email to help expedite your service.
PRICES AND PAYMENT
All prices posted on this Website 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 do not include taxes or 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 are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We endeavor to accept all major credit cards for all purchases, as well as e-checks, money orders and bank checks (unless we agree otherwise). You represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such method of payment for the purchase, (iii) charges incurred by you will be honored by your credit card company and/or bank, as applicable, and (iv) you will pay charges incurred by you at the posted prices, including all applicable fees and taxes, if any.
SHIPMENTS, DELIVERY, TITLE, AND RISK OF LOSS
Title and risk of loss passes 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 any damage caused to ordered Products while in transit.
All shipped orders are insured. Once the order has shipped, you will receive the tracking number via email.
If you have any questions regarding your existing order, please do not hesitate to contact us at sales@abstraxlabs.com. Please include your order number in your email to help expedite your service.
RETURNS, REFUNDS, & EXCHANGES
Unless otherwise specified on this Website, all sales are final once an order has been fulfilled. As used herein “Fulfilled” means the order has been packaged and a shipping label has been printed. Orders can be refunded prior to fulfillment, but once orders have been fulfilled no refunds will be issued.
Returns are accepted if postmarked within seven (7) days of the initial shipment date. If the package was opened, we will not accept the returned goods and will not refund the purchase.
All returns must be shipped in full compliance with IATA, DOT 49CFR, and all other applicable regulations. We recommend using a local hazmat shipping broker for your return. There will be a 15% handling fee, as well as a disposal fee, added to every return. We are not liable for any shipping delays or damage to the ordered Product(s) while in transit back to us for replacement, exchange, or refund.
We only replace items if they are defective or damaged. If you need to exchange a Product for the same Product, send us an email at sales@abstraxlabs.com notifying us of your replacement request and send the Product you request we replace to:
Abstrax Tech
2661 Dow Ave
Tustin, CA 92780
You are responsible for shipping costs in connection with any request to return or replace a Product purchased through the Website. All shipping costs incurred to return or replace a Product are non-refundable.
If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged/replaced Product to arrive will vary. If you are shipping an item over $75, we recommend shipping the Product back to us with some form of tracking and shipping insurance. We also recommend emailing the tracking information to sales@abstraxlabs.com along with your original order number. We are not liable for any shipping delays or damage to the ordered Product(s) while in transit back to us for replacement, exchange, or refund.
LIMITED WARRANTY
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE WEBSITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE OR DAMAGED PRODUCTS IS LIMITED TO REPLACEMENT AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
TO WHOM DOES THIS LIMITED WARRANTY APPLY?
This limited warranty extends only to the original purchaser of Product(s) through our Website. It does not extend to any subsequent or other owner or transferee of the Product(s) or any transferee or other beneficiary of the warranty service.
WHAT DOES THIS LIMITED WARRANTY COVER?
This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in Products purchased from the Website.
WHAT IS EXCLUDED FROM THIS LIMITED WARRANTY?
This limited warranty does not cover any damages due to:
HOW LONG DOES THE LIMITED WARRANTY LAST?
This limited warranty starts on the date of your purchase and lasts for three (3) months (“Warranty Period”). The Warranty Period is not extended if we repair or replace a warranted Product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
REMEDIES AVAILABLE UNDER THIS LIMITED WARRANTY
With respect to any defective Products during the Warranty Period, we will, in our sole discretion, either: (i) replace such Products (or the defective parts thereof) or (ii) repair such Products (or the defective parts thereof). All shipping costs incurred to return or replace a Product are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
HOW DO YOU OBTAIN LIMITED WARRANTY SERVICE?
To obtain warranty service, you must notify us in writing by emailing our Customer Service Department at sales@abstraxlabs.com along with your original order number during the Warranty Period. Failure to request warranty service during the Warranty Period will be deemed an absolute and unconditional waiver of the right to seek remedies under this limited warranty.
LIMITATION OF LIABILITY
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The limitations on our liability set forth in our Terms of Use are incorporated by reference herein.
DISPUTE RESOLUTION
If you believe we have not performed our obligations as set forth in this limited warranty, please see discussion of dispute resolution and binding arbitration procedure detailed in our Terms of Use which is incorporated by reference herein.
PRIVACY
We respect your privacy and are committed to protecting it. For details about our Privacy Policy, please refer to https://abstraxtech.com/pages/privacy-policy, the terms of which are incorporated herein by reference.
FORCE MAJEUR
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, pandemic, 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 the Website, the Terms of Use, the Terms and Conditions of Sale, or our Privacy Policy, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use, our Terms and Conditions of Sale, our Privacy Policy, or the Website, shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, with each case venued in the County of Orange, State of California. However, Abstrax retains the right to bring any suit, action, or proceeding against you for breach of these Terms of Use, our Terms and Conditions of Sale, or our Privacy Policy in your country of residence, State of residence, or county of residence. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Any reference herein to “law,” “rules,” “regulations,” “applicable law(s),” governing authorities,” or like terms, shall specifically and intentionally exclude all federal laws, rules or regulations of any federal governmental agency or body that identifies or classifies the growing, production, manufacture, sale and/or possession of cannabis as a crime or otherwise prohibits the growing, production, manufacture, sale and/or possession of cannabis, including, but not limited to, the Federal Controlled Substances Act.
ASSIGNMENT
You will not assign any of your rights or delegate any of your obligations under these Terms of Use, our Terms and Conditions of Sale, or our Privacy Policy without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use, our Terms and Conditions of Sale, or our Privacy Policy.
NO WAIVERS
The failure by Abstrax to enforce any right or provision of these Terms of Use, our Terms and Conditions of Sale, or our Privacy Policy 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 Abstrax.
WAIVER AND SEVERABILITY
No waiver by Abstrax of any term or condition set out in these Terms of Use, our Terms and Conditions of Sale, or our Privacy Policy shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Abstrax to assert a right or provision under these Terms of Use, our Terms and Conditions of Sale, or our Privacy Policy shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use, our Terms and Conditions of Sale, or our Privacy Policy will continue in full force and effect.
REPRESENTATIONS
You represent that you are aware that certain states have banned the sale of various vaping applications, some of which include the sale of flavored vapor products. Notwithstanding the generality of the Terms herein, you further represent that you are responsible for compliance with all applicable laws governing your use of the Products and services offered on this Website.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Abstrax, its parents and subsidiaries, affiliates, successors or assigns and their respective directors, officers, shareholders and employees and our customers (collectively, “Indemnitees”) from and against any and all loss, injury, death, damage, liability, claim, deficiency, action, judgment, interest, award, penalty, fine, cost and/or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers (collectively, “Losses”) arising out of or relating to your: (i) violation of these Terms of Use; (ii) User Contributions involving negligent acts, misrepresentations, omissions, or copyright and trademark infringements; or (iii) improper use, representation, or application of the Website’s content and information, services, and products other than as expressly authorized in these Terms of Use (and in the Terms and Conditions of Sale incorporated by reference herein, https://abstraxtech.com/pages/terms-conditions) including any alleged violation of any applicable law, regulation, or rule, except for: any federal laws, rules or regulations of any federal governmental agency or body that identifies or classifies the growing, production, manufacture, sale and/or possession of cannabis as a crime or otherwise prohibits the growing, production, manufacture, sale and/or possession of cannabis, including, but not limited to, the Federal Controlled Substances Act.
Your obligation to indemnify Abstrax herein shall not extend to claims whereby Losses arise out of or result directly and exclusively from Abstrax’s gross negligence or more culpable act or omission (including recklessness or willful misconduct) or bad faith failure to comply with any of its obligations set forth herein.
PRODUCT USE WARNING
Products purchased from Abstrax through the Website may be used in a variety of applications and the concentration of terpenes for different products varies. Terpenes are naturally present in most plants and all aromatic plants. Though terpenes are found in common foods, beverages, flavorings, fragrances, fruits, and vegetables, it is very important for you to understand that these terpenes must be used at safe concentrations for their intended use.
You expressly agree that you are solely responsible for any use of the terpenes by you or any third party associated with you in any manner. You further expressly agree to fully release, defend, indemnify and hold harmless Abstrax, its parents and subsidiaries, its officers, directors, shareholders, employees, and agents from any claims arising out of the use of the products, as more fully set forth in our Terms and Conditions of Sale (https://abstraxtech.com/pages/terms-conditions), which are hereby incorporated into these Terms of Use.
You agree to be solely responsible to determine the levels of concentration that are safe for your intended use. Any levels stated in this website are merely examples and are not recommendations, warranties, or representations.
ILLEGALITY EXCLUSION
Both you and Abstrax irrevocably and unconditionally waive and agree not to assert, to the fullest extent permitted by applicable law, all defenses, arguments, or claims based on illegality of these Terms pursuant to the Controlled Substances Act, 21 U.S.C. § 801, et seq.
NOTICE TO CALIFORNIA RESIDENTS
In compliance with California Civil Code, section 1789.3, Abstrax provides the following information: the provider of this website is Abstrax Tech, 2661 Dow Ave, Tustin, CA 92780; (562) 294-5805. There are no charges by Abstrax for use of this website.
If you desire to file a complaint regarding the services or products received on this website, please send an email to Abstrax at sales@abstraxlabs.com. You may also file a complaint with the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing, to 1625 N. Market Blvd., Ste N-112, Sacramento, CA 95834-1924; phone (800) 952-5210.
NOTICES
To You. We may provide any notice to you under these Terms of Use, our Terms and Conditions of Sale, or our Privacy Policy 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.
To Abstrax. Any notice to Abstrax as required by these Terms of Use, our Terms and Conditions of Sale, or our Privacy Policy must be sent by one of the following methods: (i) by email to sales@abstraxlabs.com, or (ii) by personal delivery, overnight courier or registered or certified mail to Abstrax Tech, 2661 Dow Ave, Tustin, CA 92780. Any updates, changes, revisions, or additions to the foregoing notice requirements will be posted on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by email will be effective two (2) business day after they are sent. Notices provided by registered or certified mail will be effective three (3) business days after they are sent.
THIRD PARTY SERVICES
Abstrax may use various third parties to provide or assist it in providing services and products, such as marketing companies and payment processing companies. As such, some of your information obtained by Abstrax will be disclosed and forwarded to its third-party suppliers to allow them to provide their services and by your use of this website you consent to Abstrax’s disclosure of your information to such third-party suppliers. Some of the third-party suppliers used by Abstrax have their own privacy policies that will govern any information Abstrax is required to provide for any purchase you make. You may and should view the privacy policies of the third-party suppliers to obtain the details of how your personal information will be handled by these third-party suppliers. The third-party suppliers may be in any location around the world. As such, if you conduct a transaction or purchase over this website, your information may become subject to the laws of the jurisdiction(s) in which that third-party supplier is located. Abstrax is not liable in any manner for the acts or omissions of any third-party supplier.
Abstrax may use third-party content on this website, including links to other third-party websites, strictly as a service. Abstrax does not control, approve, monitor, or recommend any third party or third-party content. Abstrax makes no warranties concerning the third parties or the content, accuracy, or reliability of any information on a third-party website. You should review the terms and conditions of any third-party website prior to using it.
SEVERABILITY
Every provision of these Terms is intended to be severable. If any term or provision of these Terms of Use, our Terms and Conditions of Sale, or our Privacy Policy is deemed illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the validity of the remainder of these Terms of Use, our Terms and Conditions of Sale, or our Privacy Policy.
In the event a court of competent jurisdiction determines that any of the covenants or restrictions contained in these Terms of Use, our Terms and Conditions of Sale, or our Privacy Policy is unenforceable as written, the parties agree that such court shall, for purposes of enforcing such covenant in such jurisdiction, reform the scope of such covenant to the extent necessary to render such covenant reasonable in scope under the circumstances then existing, and that such covenant or restriction, as reformed, shall be enforceable in such jurisdiction.
ENTIRE AGREEMENT
The Terms of Use, our Privacy Policy, and the Terms and Conditions of Sale constitute the sole and entire agreement between you and Abstrax regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Terms of Use, our Terms and Conditions of Sale, or our Privacy Policy.
CONTACT INFORMATION
Abstrax Tech, Inc
2661 Dow Ave
Tustin, CA 92780
sales@abstraxlabs.com
Abstrax LTD
Blades Enterprise Centre
John Street, Sheffield
South Yorkshire, S2 4SW
United Kingdom
Thank you for your cooperation and understanding.
