PLEASE READ THESE TERMS & CONDITIONS OF SALE (THE “TERMS”) CAREFULLY. BY USING THIS SITE AND/OR PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU (“BUYER”) ACCEPT AND ARE BOUND BY THESE TERMS.

BUYER MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF BUYER (A) DOES NOT AGREE TO THESE TERMS, (B) IS NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH BUYGOODS INC. D/B/A BUYGOODS (“BUYGOODS”), (C) IS PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF ITS CONTENT BY BUYGOODS, OR (D) IS PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF ITS CONTENT UNDER APPLICABLE LAW.

PLEASE NOTE THAT THESE TERMS CONTAIN A PROVISION THAT REQUIRES YOU TO RESOLVE DISPUTES (EXCEPT IN CERTAIN CIRCUMSTANCES) ON AN INDIVIDUAL BASIS AND WAIVES RIGHTS TO JURY TRIALS AND CLASS ACTION LAWSUITS. IF YOU RESIDE AND PURCHASE PRODUCTS OR SERVICES USING THE BUYGOODS SERVICES IN A JURISDICTION THAT PERMITS YOU TO OPT-OUT OF SUCH REQUIREMENTS, YOU MUST DO SO WITHIN THIRTY (30) DAYS OF FIRST ENTERING INTO THIS AGREEMENT (OR SUCH LONGER PERIOD AS SUCH LAW MANDATES FOR OPTING OUT).

THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN BUYER AND BUYGOODS. IF BUYER IS AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, BUYER REPRESENTS THAT BUYER HAS THE AUTHORITY AND REQUISITE PERMISSION AND CONSENT TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE THE TERM “BUYER” SHALL REFER TO THE INDIVIDUAL ENTERING THESE TERMS ON THE ENTITIES BEHALF TOGETHER WITH SUCH ENTITY FOR WHICH THESE TERMS ARE ENTERED AND ALL OF SUCH ENTITY’S AFFILIATES.

These Terms apply to the purchase and sale of products through, and use of, buygoods.com, Buygoodshomeoils.com, and buygoodssupplements.com (collectively, the “Site”). These Terms are subject to change by BuyGoods without prior written notice at any time, in BuyGoods’ sole discretion. The latest version of these Terms will be posted on this Site, and Buyer should review these Terms before purchasing any products that are available through this Site. Buyer’s continued use of this Site after a posted change in these Terms will constitute Buyer’s acceptance of and agreement to such changes.

Acceptance; Returns:

Buyer agrees that Buyer’s order on the Site (each, an “Order”) is an offer to buy, under these Terms, all products listed in Buyer’s Order. Each Order must be accepted by BuyGoods, and Buyer agrees that BuyGoods is not obligated to sell the products under any Order to Buyer. BuyGoods may, in its sole discretion, choose not to accept an Order, in whole or in part.

After receiving Buyer’s Order, BuyGoods will send Buyer a confirmation email with the Order number and details of the products purchased (the “Confirmation Email”). You agree that BuyGoods shall be under no obligation to deliver the Goods unless and until Buyer receives the Confirmation Email. BuyGoods will allow for the return or replacement of any product purchased via the Site within sixty (60) days from the date of purchase. For more details, see the BuyGoods Return Policy.

Order Eligibility:

When Buyer places an Order, Buyer represents and warrants that (a) Buyer is buying products from the Site for personal use only, not for commercial resale or export; and (b) Buyer will comply with all applicable laws, rules, and regulations related to Buyer’s purchase, receipt, possession, use, and sale of any products from the Site. Buyer represents, warrants, and covenants that in accessing and using the Site, Buyer has the right to provide and use all information, content, and data that Buyer provides to the Site. Buyer is responsible for any unauthorized creation, collection, receipt, transmission, access, storage, disposal, use, or disclosure of personal information and other information, content, and data under Buyer’s control or in Buyer’s possession.

Payment:

All prices posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the Order is placed and will be set out in the applicable Confirmation Email. Price increases will only apply to Orders placed after such changes. All such taxes and other charges will be added to Buyer’s total and will be itemized in Buyer’s shopping cart and in the applicable Confirmation Email. BuyGoods is not responsible for pricing, typographical, or other errors in any offer by BuyGoods, and BuyGoods reserves the right to cancel any Order arising from such errors. Terms of payment are within BuyGoods’ sole discretion, and unless otherwise agreed by BuyGoods in writing, payment must be received by BuyGoods before BuyGoods’ acceptance of an Order.

Buyer represents and warrants that (a) the credit card information Buyer supplies to BuyGoods is true, correct, and complete, (b) Buyer is duly authorized to use such credit card for the purchase, (c) charges incurred by Buyer will be honored by Buyer’s credit card company, and (d) Buyer will pay charges incurred by Buyer at the prices posted on the Site, including all applicable taxes and other charges, if any. Payment is subject to validation and authorization by both the card company or payment processor and by BuyGoods to maintain security and prevent fraud. Buyer’s purchases will appear on Buyer’s bank statement under the name “BUYGOODS 302-200-3480.” Buyer acknowledges and agrees that: (i) BuyGoods is not a chartered bank, trust company, or depository institution, and (ii) BuyGoods is not authorized to accept deposits or trust accounts and is not licensed or regulated by any state or federal banking authority.

Disclaimer:

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, THE SITE AND ALL PRODUCTS PURCHASED FROM THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BUYGOODS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE OR PRODUCTS PURCHASED FROM THE SITE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; OR (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. BUYGOODS DOES NOT WARRANT THAT THE SITE, THE PRODUCTS PURCHASED FROM THE SITE, OR ANY PORTION THEREOF WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND BUYGOODS DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO BUYER.

Indemnification:

To the fullest extent permitted by applicable law, Buyer agrees to defend, indemnify, and hold harmless BuyGoods, its affiliates, and its and their respective officers, directors, employees, contractors, successors, and assigns (collectively, the “BuyGoods Indemnitees”) from and against any third-party claim, action, suit, or demand, and any related liability, damage, loss, expense, settlements, and judgments of whatever kind (including reasonable attorneys’ fees) arising out of or relating to: (a) Buyer’s use of the Site; (b) Buyer’s use of any product purchased from the Site; (c) Buyer’s violation of any portion of these Terms, any representation, warranty, covenant, or agreement referenced in these Terms, or any applicable law; or (d) Buyer’s violation of any third-party right, including any Intellectual Property Rights, or publicity, confidentiality, other privacy right. BuyGoods reserves the right, at BuyGoods’ own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Buyer (without limiting Buyer’s indemnification obligations with respect to that matter), and in that case, Buyer agrees to cooperate with BuyGoods’ defense of those claims.

Limitation of Liability:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE BUYGOODS INDEMNITEES TO BUYER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, BUYER’S USE OF THE SITE, OR BUYER’S USE OF ANY PRODUCTS PURCHASED FROM THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, IS LIMITED TO THE TOTAL AMOUNT, IF ANY, PAID BY BUYER TO BUYGOODS FOR ANY PRODUCTS PURCHASED FROM THE SITE WITHIN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE APPLICABLE CLAIM.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE BUYGOODS INDEMNITEES BE LIABLE TO BUYER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO THESE TERMS, BUYER’S USE OF THE SITE, OR BUYER’S USE OF ANY PRODUCTS PURCHASED FROM THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BUYGOODS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO BUYER.

Intellectual Property:

Buyer acknowledges and agrees that, by and between Buyer and BuyGoods, BuyGoods and its licensors are and will remain the sole and exclusive owner of all copyrights, patents, trade secrets, trademarks, and other intellectual property rights (collectively, “Intellectual Property Rights”) in and to each product made available on this Site, including any and all related specifications, instructions, documentation, or other materials. Buyer does not and will not have or acquire any ownership of the products made available through this Site or of any Intellectual Property Rights relating to those products.

All trademarks, service marks, logos, product names, designs, and slogans (together with all goodwill associated with the foregoing, “Trademarks”) displayed on the Site or the products purchased on the Site are the property of BuyGoods, its affiliates, or its licensors. Buyer may not use the Trademarks without the prior written consent of BuyGoods.

Privacy; Security:

The BuyGoods Privacy Policy governs the processing of all personal data collected from Buyer in connection with the purchase of products through the Site, and Buyer consents to all actions BuyGoods takes with respect to such information, so long as such actions are consistent with the BuyGoods Privacy Policy. BuyGoods cannot and does not guarantee or warrant that data, files, or content shared through the Site or available for download from the internet or the Site will be free of viruses or other destructive code. Buyer is responsible for implementing sufficient procedures and checkpoints to satisfy Buyer’s particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

Governing Law and Jurisdiction:

All matters, including without limitation even to disputes about the products or services purchased, arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of the State of Delaware, other than such laws, rules, regulations, and case law that would result in the application of the laws of a jurisdiction other than the State of Delaware. Any litigation under or related to these Terms shall be brought and maintained in the state and federal courts located in Boise, Delaware, and Buyer irrevocably (a) submits to the exclusive jurisdiction of these courts, (b) agrees to file all pleadings in connection with the subject matter of these Terms in such courts, and (c) waives any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of these Terms in such courts.

NO CLAIM OR ACTION UNDER THESE TERMS MAY BE BROUGHT BY BUYER AGAINST BUYGOODS OR THE SELLERS OF PRODUCTS OR SERVICES MORE THAN TWELVE (12) MONTHS AFTER SUCH CAUSE OF ACTION ARISES. BUYER AND BUYGOODS EACH IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY. Buyer and BuyGoods agree that each party may bring claims under this Agreement only in each party’s individual capacity and not as a plaintiff or class member in any purported class action or representative action. If Buyer is permitted by law to opt out and elect to do so, Buyer must send a written letter post-marked not later than thirty (30) days (or, if applicable law mandates a longer period, then the shortest period permitted by such applicable law) from when Buyer makes the applicable purchase under these Terms to: BuyGoods, Attn: Class Action Opt-Out, 1000 North West St. Suite #1200, Wilmington, DE, 19801, USA with Buyer’s full name, address, the location from where Buyer made the applicable purchase, the products or services purchased, the date of purchase, and the provisions within this section which Buyer are expressly opting-out.

Miscellaneous:

No Support:

BuyGoods is under no obligation to provide support for any products purchased from the Site. In instances where BuyGoods may offer support, the support will be subject to BuyGoods’ published policies.

Assignment:

Buyer may not assign any of Buyer’s rights or delegate any of Buyer’s obligations under these Terms without BuyGoods’ prior written consent. BuyGoods may assign these Terms at any time without notice or consent. Any purported assignment or delegation in violation of this Section shall be null and void. No assignment or delegation relieves Buyer of any of Buyer’s obligations under these Terms.

No Waiver:

The failure by BuyGoods to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. No amendment to or waiver of these Terms shall be valid unless in writing and signed by an authorized representative of BuyGoods.

No Third-Party Beneficiaries:

These Terms do not and are not intended to confer any rights or remedies upon any parties other than Buyer and BuyGoods.

Severability:

If any provision of these Terms is declared void, illegal, invalid, or unenforceable in whole or in part for any reason, then that provision is to be construed either by modifying it to the minimum extent necessary to make it enforceable (if permitted by law) or disregarding it (if not). If an unenforceable provision is modified or disregarded in accordance with this Section, the unenforceable provision is to remain as written in any circumstances other than those in which the provision is held to be unenforceable.

Additional Terms:

These Terms hereby incorporate by this reference any additional terms, conditions, policies, rules, or guidelines posted by BuyGoods, or otherwise made available to Buyer by BuyGoods (collectively, the “Additional Terms”). The Additional Terms include: the BuyGoods Refund Policy and the BuyGoods Privacy Policy.

Entire Agreement:

These Terms, together with the Additional Terms, are the entire and exclusive understanding between Buyer and BuyGoods on the matters contained in these Terms.

Notices:

BuyGoods may provide any notice to Buyer under these Terms by sending a message to the email address Buyer provides to BuyGoods or by posting to the Site. Notices sent by email will be effective when BuyGoods sends the email, and notices BuyGoods provides by posting on the Site will be effective upon posting. It is Buyer’s responsibility to keep Buyer’s email address current.

Interpretation:

Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms, the use of the word “including” means “including but not limited to,” the word “or” is not exclusive and shall have the meaning commonly ascribed to the term “and/or,” and the singular includes the plural and vice versa.