Terms of Sale
Nano Global Corp.
Please read this document carefully! It contains very important information about your rights and obligations, as well as limitations and exclusions. These Terms of Sale require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. If you do not agree with these Terms of Sale, do not order or keep your Products.
In these Terms of Sale, (i) “this Agreement” means these Terms of Sale, (ii) “Nano”, “we”, “us” and “our” means Nano Global Corp., a Delaware corporation, (iii) “you” and “your” means you, the customer purchasing Products through our Website, (iv) “Product(s)” means Nano’s product(s) sold to you by Nano, (v) “Order” means an order placed by you for the purchase of Product(s) through the Website, and (vi) “Website” means the www.mynano.com website and all other Nano websites and web pages accessible globally through this website.
2. APPLICABLE TERMS AND CONDITIONS
3. PRICING AND PAYMENT
The prices for the Products shown on the Website are in U.S. Dollars. If you are paying for your Order with an international credit card, please note that the purchase price may fluctuate with applicable exchange rates. In addition, your bank or credit card issuer may also charge you foreign conversion charges and/or other fees, which may also increase the overall cost of your Order. In such event, please contact your bank or credit card issuer regarding these charges and fees.
Nano reserves the right to change prices for Products displayed on the Website at any time, and to correct any pricing errors that may inadvertently occur on the Website.
Payment in full for the Products must be made by you at the time that you place your Order. Unless otherwise agreed to by Nano, full payment must be received by Nano prior to our acceptance of your Order. Nano reserves the right to process payment for and ship parts of an Order separately.
Pre-orders of Products on the Website will be shipped when the affected Products become available. Prepayment will still be required for pre-orders of Products on the Website.
5. ORDER ACCEPTANCE/CONFIRMATION
Nano may, in our sole discretion, refuse or cancel any Order and limit Order quantity. We may also require additional information prior to accepting or processing any Order. Once we receive your Order, we’ll provide you with an email confirmation of your Order. Your receipt of an Order confirmation, however, does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your Order. We reserve the right at any time after receiving your Order to accept or decline your Order for any reason (for example, if your credit card payment is declined by your bank or credit card issuer). If we cancel an Order after you have already been charged, we will refund the charged amount.
6. SHIPPING AND DELIVERY
Once you have placed an Order for Products on our Website, and your Order has been confirmed, please allow up to 72 hours for your Order to be processed and the Products to be shipped. Your Products should generally arrive within 3-5 business days thereafter (please note: for Products shipped outside of the continental U.S., and for Products which have either been pre-ordered or which are currently not in stock, please allow for additional delivery time). If your Order is a subscription order, your ordered Products should arrive at approximately the same time every month during your subscription period. Delivery times are estimates only, and are not guaranteed. Since the actual delivery of your Order can be impacted by many events beyond our control once your Products leave our facilities, you acknowledge and agree that Nano will not be held responsible for late deliveries. We will, however, work to try to minimize any such delays.
Nano values our relationship with you, and we sincerely believe that you will be very happy and satisfied with the Products you purchase from our Website. We understand, however, that sometimes a Product may not be what you expected it to be, or for some reason may possibly arrive damaged, and that is why we back up each Order with a 30-day satisfaction guarantee, to help ensure that customer satisfaction is achieved on every purchase. If you wish to return a Product, please note the following terms:
a. We will accept your return of a Product within 30 days of the original purchase date only if the Product was purchased by you directly from our Website.
b. A credit will be issued in the form of a refund to the credit card you used for the Order. The refund will be for the purchase price of the returned Product only, less shipping and handling, and any applicable restocking fee (as further described below).
c. Please email email@example.com and provide your Order number and your reason for wanting to return the Product. You will receive instructions for how to return the Product to us.
d. You must return the applicable Product to us according to our instructions in order to receive the refund.
e. Unless the returned Product is defective or damaged, or the return is a direct result of Nano’s error, we reserve the right to charge a restocking fee of up to 10% of the purchase price for the Product.
f. Gift card purchases of Products will not be refunded.
8. PRODUCT AVAILABILITY
Due to the popularity and/or supply constraints of some of our Products, it is possible that we may have to limit the number of Products available for purchase on the Website. As a result, we reserve the right to change quantities of Products available for purchase at any time, even after you place an Order. Furthermore, while not likely, there may be occasions when we confirm your Order but subsequently learn that we are not able to supply the ordered Products. In the unlikely event that we cannot supply the Products you ordered, we will cancel the Order and refund your purchase price in full.
It is also possible that some Products on the Website may not currently be in stock at the time you wish to place an Order. In that event, you will still be able to place your Order, and the Products you purchased will be shipped to you once they become available.
9. PURCHASES MAY NOT BE RESOLD
The Products sold on the Website are for end-user customers only, and we reserve the right to refuse or cancel your Order if we suspect you are placing an Order to purchase the Products on the Website for resale. Your Products purchased on the Website are for your own use, not for resale.
10. DISCLAIMER OF WARRANTIES
Except for the limited right of refund specified above, the Products are sold by Nano and provided to you “AS IS”. NANO MAKES NO WARRANTIES REGARDING THE PRODUCTS, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, AND NANO HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY FOR USE, NON-INFRINGEMENT, TITLE, AND WARRANTIES THAT WOULD OTHERWISE ARISE FROM COURSE OF DEALING OR PERFORMANCE.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (I) IN NO EVENT WILL NANO (OR NANO’S SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, LOSS OF BARGAIN OR EXPECTATION, OR OTHER INTANGIBLE LOSSES (EVEN IF NANO HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF, RESULTING FROM OR RELATED TO YOUR ORDER, THE PRODUCTS, YOUR USE OF THE PRODUCTS OR WEBSITE, AND/OR THE PERFORMANCE BY NANO UNDER THIS AGREEMENT, AND (II) UNDER NO CIRCUMSTANCES SHALL THE TOTAL LIABILITY OF NANO (AND NANO’S SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS) FOR DAMAGES ARISING OUT OF, RESULTING FROM OR RELATED TO YOUR ORDER, THE PRODUCTS, YOUR USE OF THE PRODUCTS OR WEBSITE, AND/OR THE PERFORMANCE BY NANO UNDER THIS AGREEMENT (INCLUDING WITHOUT LIMITATION WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY CLAIM OR ACTION IS BASED ON CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EXCEED THE PURCHASE PRICE PAID BY YOU UNDER THE APPLICABLE ORDER FOR THOSE PRODUCTS INVOLVED IN SUCH CLAIM OR ACTION. Regardless of whether any remedy provided for in this Agreement fails of its essential purpose, the allocation of risk in this Agreement is material to each Order, and you acknowledge and agree that Nano would not accept any Order without the exclusions and limitations of liability specified in this section. Because some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages, the above limitation may not apply to you, and only the exclusions and limitations that are lawfully able to be applied to you shall apply.
12. GOVERNING LAW
You and Nano agree that this Agreement, any Order hereunder, or any claim, dispute, controversy or actions of any kind (whether in contract, tort, or otherwise) between you and Nano arising from or related to this Agreement or any Order hereunder, its interpretation or the breach, termination or validity thereof, shall be governed by, and construed in accordance with, the laws of the State of Texas, excluding its conflict of laws rules or principles to the extent that such rules or principles would apply the law of another jurisdiction.
13. DISPUTE RESOLUTION
You and Nano are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim between you and Nano. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND NANO, our officers, employees, agents, successors, assigns, and any third party providing any Products to you in connection with your Order, arising from or relating in any way to your Order for the purchase of Products, this Agreement, its interpretation or the breach, termination or validity thereof, the relationships which result from this Agreement (including relationships with third parties who are not parties to this Agreement), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or this Agreement is void, voidable or otherwise invalid. The arbitration shall be administered by JAMS (or a substitute forum if JAMS is unavailable). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. If you are a consumer claimant (i.e., an individual whose Order for Products is intended for personal, family or household use), you may elect to pursue your claim in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. The arbitration or small-claims court proceeding will be conducted in Austin, Texas.
You agree to arbitration on an individual basis. NEITHER YOU NOR NANO SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE OR CLASS MEMBER. If any provision of this arbitration language is found to be unenforceable, the unenforceable provision shall be severed from this arbitration language and the remaining arbitration provisions shall be enforced (but in no event shall there be a class arbitration).
The arbitrator shall be empowered to grant whatever relief would be available in court under applicable law or in equity. This Agreement and each Order shall be governed by the Federal Arbitration Act (9 U.S.C. sec. 1-16). Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you are a consumer claimant, Nano will be responsible for paying your arbitration/arbitrator fees. Information on JAMS and its applicable rules are available at: (800) 352-5267, www.jamsadr.com.
In the event that any provision of this Agreement is determined to be invalid, illegal, or unenforceable in any respect for any reason, the remaining provisions of this Agreement will not be affected and shall remain in full force and effect, and such invalid, illegal, or unenforceable provision will be modified to the extent possible in such a way as to be valid, legal, and enforceable and also in a way that best carries out the original intent of such provision.
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