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Terms Of Sale
This page (together with the documents referred to on it) tells you the terms and conditions on which Pacific Health LLC (“We”, “Our” or “Us”) supply any of the products (Products) listed on Our website www.candidastore.com (our site) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of Our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
1.1 We operate the website www.candidastore.com. We are Pacific Health LLC, a company registered in Delaware State, USA, under company number 5062347 and with Our office at 244 5th Avenue, Suite 2217 New York, New York 10001.
1.2 We are regulated by the Food and Drug Administration (FDA), the Federal Trade Commission (FTC) and the Canadian Natural Health Products Directorate (NHPD). NONE OF THE CONTENT, PRODUCTS OR ADVERTIZEMENTS ON OUR SITE HAVE BEEN APPROVED BY THE FDA.
1.3 We do not sell prescription drugs either with or without prescriptions.
1.4 Our site does not carry out a virtual or remote diagnosis.
1.5 Our Products are not a “treatment” for any recognized disease or health condition.
1.6 Our Products are linked to candidiasis.
1.7 They are intended to benefit your health
2. SERVICE AVAILABILITY
2.1 Our site is only intended for use by people resident in the countries listed on our Shipping Policy page. We do not accept orders from individuals outside those countries. Some restrictions are placed on the extent to which We accept orders from specific countries. These restrictions can be found on Our Serviced Countries page. Please review Our Serviced Countries page before ordering Products from Us.
3. YOUR STATUS
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old;
(c) you are resident in one of the Serviced Countries; and
(d) you are accessing our site from that country.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from Us acknowledging that We have received your order. Please note that this does not mean that your order has been accepted. The content on our site is an invitation to negotiate. Your order constitutes an offer to Us to buy a Product. All orders are subject to acceptance by us, and We will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when We send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Products whose dispatch We have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products, which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. OUR STATUS
5.1 Please note that in some cases, We accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of themselves. You should carefully review their terms and conditions applying to the transaction.
5.2 We may also provide links on our site to the websites of other companies, whether affiliated with Us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website We have provided a link on our site, will be of satisfactory quality, fit for purpose, match their description, be merchantable or otherwise, as advertized,, and any such warranties are DISCLAIMED by Us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local regulator. We will notify you when a third party is involved in a transaction, and We may disclose your personal information related to that transaction to the third party seller.
6. CONSUMER RIGHTS
6.1 If you are contracting as a consumer, you may cancel a Contract at any time within 5 working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with Our refunds policy (set out in clause 10 below).
6.2 To cancel a Contract, you must inform Us in writing. You must also return the Products to Us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, We may have a right of action against you for compensation.
6.3 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your other statutory rights as a consumer.
7. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 5 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
8. RISK AND TITLE
8.1 The Products will be your responsibility from the time of delivery.
8.2 Ownership of the Products will only pass to you when We receive full payment of all sums due in respect of the Products, including delivery charges.
9. PRICE AND PAYMENT
9.1 The price of the Products and Our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
9.2 Product prices may include sales tax. However, if the rate of tax applicable changes between the date of your order and the date of delivery, We will adjust the tax you pay, unless you have already paid for the Products in full before the change in taxes takes effect.
9.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which We have already sent you a Dispatch Confirmation.
9.4 Our site contains a large number of Products and it is always possible that, despite Our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of Our dispatch procedures so that, where a Product's correct price is less than Our stated price, We will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, We will normally, at Our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that We are rejecting it.
9.5 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, We do not have to provide the Products to you at the incorrect (lower) price.
9.6 Payment for all Products must be by credit or debit card. We accept payment with most credit cards. We will not charge your credit or debit card until We dispatch your order.
10. OUR REFUNDS POLICY
10.1 If you return a Product to us:
(a) because you have cancelled the Contract between us within the 5 day cooling-off period (see clause 6.1 above), We will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave Us notice of cancellation. In this case, We will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because you have notified Us in accordance with clause 21 that you do not agree to a change in these terms and conditions or in any of Our policies, or because you consider that the Product is defective), We will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day We confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11. WARRANTY & EXCLUSIONS
11.1 We warrant to you that any Product purchased from Us through our site will, on delivery and for a reasonable time afterwards, conform in all material respects with its description.
11.2 We expressly disclaim any warranties as to Our or the manufacturer’s title to any Product purchased from Us through our site.
11.3 We expressly disclaim any warranties as to any Product purchased from Us through our site being free of any security interest, lien or encumbrance.
11.4 We expressly disclaim any warranties that any Product purchased from Us through our site is delivered free of any rightful claim by any third party as a result of infringement.
11.5 We expressly disclaim any warranties that any Product purchased from Us through our site is fit for a particular purpose. We do not know the specific purpose for which you buy the Product, and We do not offer advise on which you might rely while choosing any Product.
11.6 We expressly disclaim any warranties that any Product purchased from Us through our site is merchantable.
11.7 Subject to clause 12.3, if We fail to comply with these terms and conditions, We shall only be liable to you for the purchase price of the Products and, subject to clause 12.2, any losses that you suffer as a result of Our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
11.8 Subject to clause 12.3, We will not be liable for losses that result from Our failure to comply with these terms and conditions that fall into the following categories even if such losses result from Our deliberate breach:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
However, this clause 12.2 will not prevent claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 12.2.
11.9 Nothing in this agreement excludes or limits Our liability for a matter for which it would be illegal for Us to exclude or attempt to exclude Our liability.
11.10 Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
12. IMPORT DUTY
12.1 If you order Products from our site for delivery outside the USA, they may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
12.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications We send to you should be in writing. When using our site, you accept that communication with Us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14. NOTICES
All notices given by you to Us must be given to Pacific Health LLC 244 5th Avenue, Suite 2217, New York, New York 10001 or through our website. We may give notice to you at either the e-mail or postal address you provide to Us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The contract between you and Us is binding on you and Us and on our respective successors and assignees.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without Our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of Our rights or obligations arising under it, at any time during the term of the Contract.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a Contract that is caused by events outside Our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government; and
(g) pandemic or epidemic.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use Our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event.
17. WAIVER
17.1 If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
17.2 A waiver by Us of any default will not constitute a waiver of any subsequent default.
17.3 No waiver by Us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
18. SEVERABILITY
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
19. ENTIRE AGREEMENT
19.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
19.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
19.3 Each of us agrees that Our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
20.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system's capabilities.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms and conditions before We send you the Dispatch Confirmation (in which case We have the right to assume that you have accepted the change to the terms and conditions, unless you notify Us to the contrary within 5 working days of receipt by you of the Products).
21. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Delaware State law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of Delaware State, USA.
22. THIRD PARTY RIGHTS
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
1.1 We operate the website www.candidastore.com. We are Pacific Health LLC, a company registered in Delaware State, USA, under company number 5062347 and with Our office at 244 5th Avenue, Suite 2217 New York, New York 10001.
1.2 We are regulated by the Food and Drug Administration (FDA), the Federal Trade Commission (FTC) and the Canadian Natural Health Products Directorate (NHPD). NONE OF THE CONTENT, PRODUCTS OR ADVERTIZEMENTS ON OUR SITE HAVE BEEN APPROVED BY THE FDA.
1.3 We do not sell prescription drugs either with or without prescriptions.
1.4 Our site does not carry out a virtual or remote diagnosis.
1.5 Our Products are not a “treatment” for any recognized disease or health condition.
1.6 Our Products are linked to candidiasis.
1.7 They are intended to benefit your health
2. SERVICE AVAILABILITY
2.1 Our site is only intended for use by people resident in the countries listed on our Shipping Policy page. We do not accept orders from individuals outside those countries. Some restrictions are placed on the extent to which We accept orders from specific countries. These restrictions can be found on Our Serviced Countries page. Please review Our Serviced Countries page before ordering Products from Us.
3. YOUR STATUS
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old;
(c) you are resident in one of the Serviced Countries; and
(d) you are accessing our site from that country.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from Us acknowledging that We have received your order. Please note that this does not mean that your order has been accepted. The content on our site is an invitation to negotiate. Your order constitutes an offer to Us to buy a Product. All orders are subject to acceptance by us, and We will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when We send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Products whose dispatch We have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products, which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. OUR STATUS
5.1 Please note that in some cases, We accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of themselves. You should carefully review their terms and conditions applying to the transaction.
5.2 We may also provide links on our site to the websites of other companies, whether affiliated with Us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website We have provided a link on our site, will be of satisfactory quality, fit for purpose, match their description, be merchantable or otherwise, as advertized,, and any such warranties are DISCLAIMED by Us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local regulator. We will notify you when a third party is involved in a transaction, and We may disclose your personal information related to that transaction to the third party seller.
6. CONSUMER RIGHTS
6.1 If you are contracting as a consumer, you may cancel a Contract at any time within 5 working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with Our refunds policy (set out in clause 10 below).
6.2 To cancel a Contract, you must inform Us in writing. You must also return the Products to Us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, We may have a right of action against you for compensation.
6.3 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your other statutory rights as a consumer.
7. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 5 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
8. RISK AND TITLE
8.1 The Products will be your responsibility from the time of delivery.
8.2 Ownership of the Products will only pass to you when We receive full payment of all sums due in respect of the Products, including delivery charges.
9. PRICE AND PAYMENT
9.1 The price of the Products and Our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
9.2 Product prices may include sales tax. However, if the rate of tax applicable changes between the date of your order and the date of delivery, We will adjust the tax you pay, unless you have already paid for the Products in full before the change in taxes takes effect.
9.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which We have already sent you a Dispatch Confirmation.
9.4 Our site contains a large number of Products and it is always possible that, despite Our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of Our dispatch procedures so that, where a Product's correct price is less than Our stated price, We will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, We will normally, at Our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that We are rejecting it.
9.5 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, We do not have to provide the Products to you at the incorrect (lower) price.
9.6 Payment for all Products must be by credit or debit card. We accept payment with most credit cards. We will not charge your credit or debit card until We dispatch your order.
10. OUR REFUNDS POLICY
10.1 If you return a Product to us:
(a) because you have cancelled the Contract between us within the 5 day cooling-off period (see clause 6.1 above), We will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave Us notice of cancellation. In this case, We will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because you have notified Us in accordance with clause 21 that you do not agree to a change in these terms and conditions or in any of Our policies, or because you consider that the Product is defective), We will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day We confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11. WARRANTY & EXCLUSIONS
11.1 We warrant to you that any Product purchased from Us through our site will, on delivery and for a reasonable time afterwards, conform in all material respects with its description.
11.2 We expressly disclaim any warranties as to Our or the manufacturer’s title to any Product purchased from Us through our site.
11.3 We expressly disclaim any warranties as to any Product purchased from Us through our site being free of any security interest, lien or encumbrance.
11.4 We expressly disclaim any warranties that any Product purchased from Us through our site is delivered free of any rightful claim by any third party as a result of infringement.
11.5 We expressly disclaim any warranties that any Product purchased from Us through our site is fit for a particular purpose. We do not know the specific purpose for which you buy the Product, and We do not offer advise on which you might rely while choosing any Product.
11.6 We expressly disclaim any warranties that any Product purchased from Us through our site is merchantable.
11.7 Subject to clause 12.3, if We fail to comply with these terms and conditions, We shall only be liable to you for the purchase price of the Products and, subject to clause 12.2, any losses that you suffer as a result of Our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
11.8 Subject to clause 12.3, We will not be liable for losses that result from Our failure to comply with these terms and conditions that fall into the following categories even if such losses result from Our deliberate breach:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
However, this clause 12.2 will not prevent claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 12.2.
11.9 Nothing in this agreement excludes or limits Our liability for a matter for which it would be illegal for Us to exclude or attempt to exclude Our liability.
11.10 Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
12. IMPORT DUTY
12.1 If you order Products from our site for delivery outside the USA, they may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
12.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications We send to you should be in writing. When using our site, you accept that communication with Us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14. NOTICES
All notices given by you to Us must be given to Pacific Health LLC 244 5th Avenue, Suite 2217, New York, New York 10001 or through our website. We may give notice to you at either the e-mail or postal address you provide to Us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The contract between you and Us is binding on you and Us and on our respective successors and assignees.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without Our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of Our rights or obligations arising under it, at any time during the term of the Contract.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a Contract that is caused by events outside Our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government; and
(g) pandemic or epidemic.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use Our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event.
17. WAIVER
17.1 If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
17.2 A waiver by Us of any default will not constitute a waiver of any subsequent default.
17.3 No waiver by Us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
18. SEVERABILITY
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
19. ENTIRE AGREEMENT
19.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
19.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
19.3 Each of us agrees that Our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
20.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system's capabilities.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms and conditions before We send you the Dispatch Confirmation (in which case We have the right to assume that you have accepted the change to the terms and conditions, unless you notify Us to the contrary within 5 working days of receipt by you of the Products).
21. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Delaware State law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of Delaware State, USA.
22. THIRD PARTY RIGHTS
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them.
Candida Guide
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These statements have not been evaluated by the FDA. This product is not intended to diagnose, treat, cure, or prevent any disease. Information is presented for educational purposes only and is not intended to replace the advice of your healthcare professional. Consult your doctor or health professional before starting any treatment. Copyright © 2011-2013 Pacific Health LLC