Scope
It is agreed that sales are made exclusively on the terms and conditions contained herein. Supergel Int’l Inc (“Seller") agrees to sell and (“Buyer”) agrees to buy equipment per the terms set forth below.
Limited Liability
Any and all claims against Seller for any loss or damages, including but not limited to loss or damage arising out of the failure of the Product(s) or parts to operate for any period of time, inconvenience, or the use of rental or replacement items, components, goods, other economic loss or loss of profits, or general, direct, immediate, special indirect, incidental or consequential damages or loss, commercial loss or any other loss or damage, whether arising from the negligence of Seller or from any other cause whatsoever, are expressly waived and excluded.
Release of injury Liability
Before signing this agreement, Buyer should be certain of all state and federal regulations concerning products of this style and design. It is the Buyers responsibility to request additional safety features, if necessary, to meet the regulations of their state so they can be added at the time of purchase.
Buyer agrees to indemnify, and hold Seller harmless from all liabilities arising out of operator or bystander accidents, injury or death.
Buyer agrees to perform daily testing and maintenance necessary to insure that the items are operating correctly and does not pose a danger to users or bystanders.
International Buyers
The specific costs and time frames represented in this agreement concerning parts availability, shipping and labor rates do not apply for goods shipped or moved outside the continental United States whether shipped or moved by the seller or the Buyer.
Sales prices for goods or taxable items do not include any duties, tariffs or taxes that may be imposed by international customs when the same is shipped to their country. All tariffs, taxes or duties will be paid by the Buyer.
If a product is moved from the address represented on the acknowledged purchase agreement outside the country, additional costs for warranty shipping and service will be the responsibility of the Buyer.
It must be understood that the necessary language for diagnostics and service is English. Buyer acknowledges that they are responsible in all cases to provide a English speaking individual who can translate in a technical sense, all communications necessary. Failure to do so will result in the Sellers inability to provide support and or technical assistance.
Pals Globally Sourced Products - Non Warranty Items
(may be available at some point if not offered currently)
“Pals Globally Sourced” item. The ability to bring you the most unique applications from around the world means, we do not manufacture such items as we create gel products listed as vendors “Supergel Int’l Inc.” and “Pals Breast Forms”.
Buyer acknowledges that seller will not be liable for: Description accuracy, and shipment time frames regarding Pals Globally Sourced Products -(All Products Without Vendor Shown as Supergel Int’l Inc. or Pals Breast Forms)
Please allow between 15-60 days for your order to arrive. If more than 60 days have passed please email us at supergelproducts@gmail.com to review the status of your order. Refunds will be handled through email if necessary.
Cancellations
Once this agreement has been acknowledged by the Buyer, the Buyer may not at any time thereafter cancel the order unless agreed to in writing by both parties.
In the event of a cancellation or failure to pay any pending balance by Buyer shall, without limiting any rights it may have against Buyer, retain all sums paid by Buyer.
Default or Collections
In the event the Buyer fails to pay balances on time, fails to make payments on time or defaults any term of this agreement, the discounted pricing will be rescinded and Buyer agrees to pay the full list price as represented.
If collections become necessary, Buyer agrees to reimburse Seller for all administrative costs, collection fees, court costs and legal fees necessary in the collection process.
Proprietary Information and Development
Seller has spent more than two decades developing a reliable supply chain of techs, suppliers and trusted factories all around the world. This information is what sets the Seller apart from competing companies. Buyer acknowledges that Seller suppliers, factories, and research is proprietary and will not be disclosed before or after purchase.
Regardless of investment type or quantities, all development, machinery, tooling, or any related resources including but not limited to materials, frames, molds, plates or anything found useful to production, manufacturing, facilitating, delivery, maintaining, or testing will under any circumstance remain the sole property of the Seller and will forever remain in the Seller’s possession whereby operations conducted using any or all of such resources, and items will be wholly authorized by the Seller for the express purposes stated above.
The Seller retains sole discretion as to the degree to which developments are found novel. Ongoing business relations must maintain written and authorized exclusivity at an approved rate granted for a limited period based upon market factors, investment scale and frequency.
Force Majeure
Neither party will be in default in the performance of its obligations under this Agreement if such performance is prevented or delayed because of war, hostilities, revolution, civil commotion, riot, strike, labor dispute, lack or failure of transportation facilities, failure of item, or equipment, lack of necessary products or materials, epidemic, fire, wind, earthquake, storm or flood, application of any law, order, proclamation, regulation or ordinance of any government, or customs/TSA inspections or of any subdivision thereof, because of acts of God or for any other cause, whether similar or dissimilar to those enumerated, that is beyond the reasonable control and without the fault or negligence of the party whose performance is affected.
No Implied Waivers
The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any later time nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of such provision
Captions & Section References
Captions of the sections and subsidiary sections of this Agreement are included for reference purposes only and are not intended to be a part of the Agreement or in any way to define, limit or describe the scope or intent of the particular provision to which they refer.
Buyer’s Remedies and Damages
Buyer’s sole and exclusive remedy for any action or omission of Seller, are expressly limited to having Seller, at its' option, either repair or replace at the Buyer’s place of business or in Seller’s own shop any defects.
Diagnostics
The first step to any service call is to attempt to diagnose the problem over the phone with supporting pictures and video. In the event of any defect, the Buyer is responsible to provide Seller with accurate information relevant to the item in an attempt to remotely diagnose any issues. Seller will send a written questionnaire and Buyer agree to complete the same as a starting point for any technical issues.
Returns
Our policy lasts 7 days. If 7 days have gone by since your order was received, unfortunately we can’t offer you a refund or exchange.
To be eligible for a return, your item must be unused, and in the same condition that you received it. It must also be in the original packaging. Due to the nature of global sourcing constraints, under no condition are we responsible for any shipping costs incurred. To achieve a broad selection which brings you superior value, it must be hereby noted that all shipping costs are non-refundable.
Pals are exchange only.
Exchanges must be received within 30 days of your receipt in order for them to be honored. Instructions for exchanges are as follows:
1. Call us or txt us at 951-500-0012 for an Exchange Authorization Number.
Be sure to have the item number or name of the item you wish to exchange for when you call so we can make note of it.
2. Fill out exchange card provided with your original shipment and note the Authorization Number on the card and place it in the box.
3. Ship back the product to 1784 Container Circle, Riverside, CA 92509
Please note that exchanges will only be honored if the individual bags are not opened for hygienic reasons.
Also note that shipping charges apply on all exchanges. So you pay for shipping to us and back to you.
Additional non-returnable items:
Gift cards
To complete your return, we require a receipt or proof of purchase.
There are certain situations where only partial refunds are granted (if applicable)- Opened items, or items with obvious signs of use. Any item not in its original condition, is damaged or missing parts for any reason. Any item that is returned more than 7 days after delivery.
Restocking fee:
Returned items are subject to a per item restocking fee between 15% to 30% of an items listed price.
Items less than $50 are subject to a 20% restocking fee.
Items of $50 or more are subject to a 15% restocking fee.
Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at supergelproducts@gmail.com
In the case of refund requests, future orders may be rejected. This is to streamline the innovation for those customers in need who can benefit.
Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at, supergelproducts@gmail.com
Gifts
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.
If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.
Shipping
To return your product, you should mail your product to: 1784 Container Cir. Riverside Ca, 92509
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping and restocking fee will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over $50, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.