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PURE Bioscience, Inc.

PURE Bioscience Delivers Powerful Solutions To Prevent the Smallest Things... From Damaging Your Biggest Asset...YOUR BRAND!

Terms of Services PURE
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PURE BIOSCIENCE, INC. TERMS AND CONDITIONS OF SALE

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY.

THE TERMS AND CONDITIONS OF SALE (\"Terms\") ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN. \"Pure Bioscience\", \"We\", \"Our\" or \"Us\" refers to PURE Bioscience, Inc.

BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN PURE BIOSCIENCE\'S INVOICE OR OTHER PURE BIOSCIENCE DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND PURE BIOSCIENCE HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.

Application of Terms; Customer Acknowledgment

By using this site, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use this site. This site is owned and operated by PURE Bioscience. PURE Bioscience reserves the right, at any time and in its sole discretion, to change, modify or otherwise alter these terms and conditions. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. If any modification is unacceptable to you, your only recourse is to discontinue use of the site. Your continued use of the site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.

These Terms constitute a binding contract between Customer and PURE Bioscience. Customer acknowledges agreement and acceptance of these Terms by making a purchase, placing an order or otherwise shopping on our Website (the \"Site\").

You may use this site for legitimate shopping purposes only. You may not harm the site in any way or otherwise use the site in any improper manner, including but not limited to hacking into the site’s systems, spoofing or faking email headers or slowing or stopping the functionality of the site. In the event you register and/or purchase product, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or PURE Bioscience suspects, for any reason, that such information is untrue, inaccurate, not current or incomplete, PURE Bioscience, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the site. You will create a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and for restricting access to your computer, and are fully responsible for all activities that occur under your password or account. If you are under the age of 18, you may use the site only with involvement of a parent or legal guardian. You agree to (a) immediately notify PURE Bioscience of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. PURE Bioscience will not be liable for any loss or damage arising from your failure to comply with this paragraph. PURE Bioscience reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Restrictions on use of Materials

This site contains copyrighted materials, trademarks and other proprietary information, including, but not limited to, text, photos and graphics, the worldwide rights to which are owned by PURE Bioscience. You may not use, copy, publish, upload, post (to a bulletin board or otherwise), transmit, distribute, or modify any contents of this site in any way.

Governing Law

THESE TERMS AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES, AND REGARDLESS OF THE LOCATION OF THE CUSTOMER. ANY DISPUTE, ACTION OR LITIGATION IN ANY WAY CONCERNING OR RELATED TO THESE TERMS OR ANY SALE HEREUNDER MUST BE BROUGHT EXCLUSIVELY IN THE SUPERIOR COURT IN AND FOR THE COUNTY OF SAN DIEGO [EAST COUNTY JUDICIAL DISTRICT]. CUSTOMER CONSENTS TO PERSONAL JURISDICTION THERE, AND WAIVES THE RIGHT TO REQUEST A CHANGE OF VENUE. CUSTOMER HEREBY AGREES THAT SUCH VENUE IS APPROPRIATE AND THAT PURE BIOSCIENCE\'S AGREEMENT TO SELL AND DELIVER PRODUCTS TO THE CUSTOMER IS DEPENDENT ON THIS PROVISION.

Disclaimer

THIS SITE AND ANY OTHER SITE THAT LISTS OUR PRODUCTS, AND ALL MATERIALS CONTAINED ON THIS SITE AND ANY OTHER SITE THAT LISTS OUR PRODUCTS ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PURE BIOSCIENCE DOES NOT WARRANT THAT: (A) THE CONTENTS OF THIS SITE OR ANY OTHER SITE THAT LISTS OUR PRODUCTS (INCLUDING PRICING, DESCRIPTION AND OTHER PRODUCT INFORMATION) WILL BE ACCURATE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT ANY ERRORS IN SUCH CONTENTS WILL BE CORRECTED; OR MISTAKES IN PRICING OR OTHER PRODUCT DETAILS WILL BE HONORED; (B) THAT THIS SITE, ANY OTHER SITE THAT LISTS OUR PRODUCTS OR THE SERVERS THAT MAKE SUCH SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) THAT YOUR USE OF THIS SITE OR OTHER SITE THAT LISTS OUR PRODUCTS WILL BE UNINTERRUPTED. DESPITE OUR BEST EFFORTS, FROM TIME TO TIME ITEMS ON THIS SITE OR ANY OTHER SITE THAT LISTS OUR PRODUCTS MAY BE MISPRICED. IF AN ITEM’S CORRECT PRICE IS HIGHER THAN THE LISTED PRICE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CANCEL YOUR ORDER AND NOTIFY YOU OF SUCH CANCELLATION. IF A PRODUCT OFFERED ON THIS SITE OR ANY OTHER SITE THAT LISTS OUR PRODUCTS IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION.

Shipping; Risk of Loss; Security Interest

PURE Bioscience will arrange payment for shipping with the carrier, but such costs are the responsibility of Customer. PURE Bioscience charges shipping fees for every shipment, unless otherwise specified; such cost includes the freight charged by the carrier, but does not necessarily equal a direct pass-through of such cost to the customer. Risk of loss is upon Customer once we deliver the product to the carrier. Delivery times are estimates only and we will not be liable for delays. In stock items may SHIP AHEAD, when backordered items are also included in an order. Backordered items will ship when available and via the original ship method.

Under no circumstances will PURE Bioscience be responsible for any delays in delivery which result from any circumstances beyond our control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

PURE Bioscience sells the products hereunder with no right of return or credit granted to the purchaser if product has been used. PURE Bioscience may, at its discretion, offer to replace defective product as its sole and exclusive remedy.

PURE Bioscience does not warrant that this site; information, content, materials, or services included on or otherwise made available to you through this site; their servers; or e-mail sent from PURE Bioscience is free of viruses or other harmful components. PURE Bioscience will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) SHALL PURE BIOSCIENCE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE THAT RESULT FROM, ARISE OUT OF, OR ARE IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE OR ITS CONTENTS OR FOR ALLEGED INJURIES OR DAMAGES RESULTING FROM USE OF PRODUCTS PURCHASED, EVEN IF PURE BIOSCIENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

You agree to indemnify, defend, and hold harmless, PURE Bioscience, its affiliates, parents, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the site from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. PURE Bioscience reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you’ll fully cooperate with PURE Bioscience in asserting any available defenses.

Pricing Information; Availability; Errors and omissions Disclaimer

All pricing is subject to change. We reserve the right to make adjustments to pricing, and product offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, and errors in advertisements. All orders are subject to product availability. Therefore, we cannot guarantee we will be able to fulfill every Customer order.

Orders; Payment Terms; Interest; Taxes

Orders are not binding upon us until accepted by PURE Bioscience. Terms of payment are within our sole discretion. Customer is responsible for, and will indemnify and hold PURE Bioscience harmless from, any applicable sales, use or other taxes or federal, state or local fees or assessments associated with the order. Customer must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of our costs of collection, including court costs, filing fees and attorney\'s fees.

Damaged Products

All packages shipped from PURE Bioscience are inspected prior to shipment. However, from time to time, damage during shipping may occur. Packages that are obviously damaged should be refused upon original delivery attempt. If the package is accepted, then any damage should be noted on the carrier delivery record prior to the driver leaving your premises. Any hidden or internal damage to any product must be reported to Customer Care at 619-596-8600 within the first 7 days of receipt to arrange for a carrier inspection and return of the damaged product(s). Please save the product, the shipping carton and all manufacturer packaging. Timely receipt of this information is necessary for PURE Bioscience to file a damage claim. Failure to notify PURE Bioscience of damage within this time period will be deemed an acceptance of the product, and standard return policies will apply.

Entire Agreement

These Terms constitute the entire agreement between Customer and PURE Bioscience relating to the sale of products and services on the Site. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet.

Internet Security, Privacy Policy, Use of Information Collected

Security of your online transaction is paramount at PURE Bioscience. All transactions are taken over a secure server connection. You may note the https in the URL of our order submission page. This means that your information is not accessible to everyone else. Any credit card information you enter on our site is strongly encrypted by industry-standard protocol, SSL (Secure Sockets Layer). PURE Bioscience Web site uses SSL to communicate with secure browsers like Netscape and Internet Explorer. These browsers encrypt your credit card and personal information in a way that makes it extremely difficult for anyone to intercept and misuse while being transmitted between your computer and our server. Customers can shop privately, confidently and securely.

Your privacy is important to us and we are committed to protecting your privacy. The purpose of this Privacy Policy is to assist you in understanding the type of personal information we may collect from you, how such information may be used, the choices that are available to you concerning the use of your information and your ability to correct or modify the information you have provided us.

PURE Bioscience collects information you provide to us about yourself to serve your needs. For example, if you place an order, or simply register on our site, you will provide to us your name, address, email address, phone number and credit card or other payment related information. Of course, if you are placing an order, you will need to know the product(s) you wish to purchase. Whether you choose to provide us with this information is completely voluntary. If, however, you do not choose to provide such information you may not be able to purchase products from us or access certain services and/or portions of our websites.

PURE Bioscience uses the information collected as follows:

  • to process and complete your purchase transactions and provide the services you request;

  • to send you catalogs and other offerings to you via the mail;

  • to contact you about the status of your orders;

  • to identify your product and service preferences, so that you can be informed of new or additional products, services, and promotions that might be of interest to you;

  • to notify you of product recalls or provide other information concerning products you have purchased;

  • to improve our merchandise selections, customer service, and overall customer shopping experience

How to Unsubscribe From an Email Marketing List

To be removed from all of the email solicitation lists within PURE Bioscience’s control and to request that your information not be shared with third parties for direct marketing purposes, please email to unsubscribe@purebio.com with UNSUBSCRIBE in the subject line; in the body of the email, please list the email address that you wish removed.

You will be removed from receiving future email solicitations, though you will still receive any email solicitations processed before this request was received. Please know that it may take up to 7 days to remove you from our emailing solicitation lists. If you choose to be removed from our emailing solicitation lists you will still continue to receive order and confirmation emails as well as emails relating to your other transactions. We will not share your information with third parties for direct marketing purposes.

Termination

All of these terms of use are material. Upon any breach by you of any such term, your right to access, download and otherwise use this site, all materials obtained from this site and all copies thereof shall immediately terminate.

 STANDARD RETURN POLICY

The Customer must contact PURE Bioscience, Inc. within 15 Calendar days of the shipment of the order for any of the following reasons:

1.     Product is defective

2.     Product was shipped in error, or

3.     Product was damaged in shipment.

No other returns will be accepted.

 

1.     Product is defective:

1.     Contact us via email at CustomerService@purebio.com or by phone at 619-596-8600.

1.      Please List:

1.     Your Name, telephone number and the address that the order was shipped to;

2.     Your PURE Order number and/or Invoice number;

3.     The Item Number and Description;

4.     The description of the perceived “defect”.

2.     Please attach if possible:

1.     A picture of the item that you wish to return showing the “defect” and general condition;

2.     A picture of the shipping carton that the order was received in, if it is available, if it was damaged during shipment;

3.     A photocopy of the PURE Bioscience packing list that arrived with the order.

2.     Expect to hear from us within 3 working days.

1.     We may, or may not ask you to return the product to us depending upon the circumstances.  

The return freight would be your responsibility.

2.     If we agree that the product is defective, we will offer to replace it including shipping to the original destination.

 

1.     Product was shipped in error:

1.     Contact us via email at CustomerService@purebio.com or by phone at 619-596-8600.

1.      Please List:

1.     Your Name, telephone number and the address that the order was shipped to;

2.     Your PURE Order number and/or Invoice number;

3.     The Item Number and Description.

2.     Please attach if possible:

1.     A photocopy of the PURE Bioscience packing list that arrived with the order.

2.     Expect to hear from us within 3 working days.

1.     We may, or may not ask you to return the product to us depending upon the circumstances.

1.     Product Condition of Returned Product:

1.     PURE Hard Surface & PURE MultiPurpose Cleaning Liquid Products: The product must be in New, original condition with all seals unopened and completely intact;

2.     Equipment: The product must be in New, original condition; unused with all packaging intact and all parts in place.

2.     If we agree that the product was shipped in error and the Condition of the Returned Product meets the above criteria we will offer to replace it with the correct product including shipping to the original destination.

 

1.     Product was damaged in shipment:

1.     All orders received through the web store are shipped with Freight Terms of Ex Works El Cajon, CA. Therefore the Customer could be responsible for handling any freight claims with the freight carrier, we will give guidance with that process where we can.

2.     Contact us via email at CustomerService@purebio.com or by phone at 619-596-8600.

i.Please List:

1.     Your Name, telephone number and the address that the order was shipped to;

2.     Your PURE Order number and/or Invoice number;

3.     The Item Number and Description.

2.     Please attach if possible:

1.     A photocopy of the PURE Bioscience packing list that arrived with the order.

2.     Expect to hear from us within 3 working days.

 


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