Terms and Conditions of Sale
“Seller” means XYL(DescireChest). “Buyer” means the legal entity purchasing Goods from Seller. “Goods” means the products offered by Seller and/or purchased by Buyer. “Offer” means any quote, proposal, or offer to sell Goods provided by Seller to Buyer. “Order” means any purchase order or similar instrument issued by Buyer to Seller to purchase Goods.
All sales are subject to and expressly conditioned upon the terms and conditions contained herein, and upon buyer’s assent thereto. No variation of these terms and conditions will be binding upon seller unless agreed to in writing and signed by an officer or other authorized representative of seller.
Buyer’s Intended Use
All products sold by the Seller on this website are intended primarily for laboratory research purposes and are not to be used for any other purposes, including but not limited to, in vitro diagnostic purposes, in foods, drugs, medical devices or cosmetics for humans or animals or for commercial purposes.
No products purchased from Seller shall, unless otherwise stated, be considered to be foods, drugs, medical devices or cosmetics. Buyer acknowledges that the products have not been tested by Seller for safety and efficacy in food, drug, medical device, cosmetic, commercial or any other use, unless otherwise stated in Seller’s literature furnished to Buyer. Buyer expressly represents and warrants to Seller that Buyer will properly test and use any products purchased from Seller in accordance with the practices of a reasonable person who is an expert in the field and in strict compliance with all applicable laws and regulations, now and hereinafter enacted.
Buyer further warrants to Seller that any material produced with products from Seller shall not be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act and shall not be materials which may not, under Sections 404, 505, or 512 of the Act, be introduced into interstate commerce. Buyer agrees to comply with instructions, if any, furnished by Seller relating to the use of the products and not misuse the products in any manner. Buyer will verify Seller’s assay of the products. The Buyer agrees not to resell any of the products purchased from the Seller without written authorization from the Seller. The Buyer, nor any other business or individual, is permitted to represent themselves as XYL(DescireChest).
You agree to indemnify and hold XYL(DescireChest) and officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our products and services or our Web site.
You agree that XYL (DescireChest) shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, resulting from the use or the inability to use the web site or any services, products or information obtained on or through the web site, even if XYL(DescireChest) has been advised of the possibility of such damages, including, without limitation, damages from: personal injury; cost of procurement of substitute goods and services any goods or services purchased or obtained or transactions entered into through or from the web site; and/or loss of profits, use, data or other intangible losses.
XYL(DescireChest) reserves the right to modify or discontinue, temporarily or permanently, the DescireChest.com web site as a whole and/or any or all of the web site features, products, prices of products, services or information appearing on, or available through, any or all of the web site with or without notice to you. You agree that XYL(DescireChest) shall not be liable to you or any third-party for any modification or discontinuance of such features, products, prices, services, or information on the web site or the web site itself.
The statements on this site have not been evaluated by the United States Food and Drug Administration. Any products are not intended to diagnose, treat, cure, or prevent any disease. Individual results will vary so before starting any new diet and exercise program please check with your doctor and clear any exercise and/or diet changes with them before beginning. We are not physicians, and strongly recommend that you consult your doctor BEFORE you use our products or services. We are happy to answer any questions that your doctor may have about our products and services.
WARNING: Do not use any of these products if you are pregnant or nursing. Discontinue use and see your healthcare practitioner if you experience dizziness, tremors, sleeplessness, headache, heart palpitations or tingling sensations. Refrain from use if you are at risk or are currently being treated for high blood pressure, psychiatric, liver, heart or thyroid disease, diabetes, anxiety, depression, seizure disorder, pernicious anemia or difficulty in urination due to enlarged prostate. See your healthcare practitioner before use if you are taking any prescription drug or MAO inhibitor. Keep all products out of the reach of children. None of these products are intended for use by persons under the age of 18, unless approved by a healthcare practitioner.
We do not sell our products and/or services to and/or allow membership of the Web Site to be granted to anyone under the age of 18. You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into binding agreements. You will be required to confirm that you are over 18 by ticking the appropriate box at the end of the Terms.
Content and Use of Web Site
The Web Site may offer online entertainment services that are adult in nature and may contain graphic depictions and descriptions of explicit sexual activity and/or sell adult herbal or other products and/or services. By becoming a member of the Web Site and/or buying products and/or services from us or using the Web Site in anyway, you acknowledge that you are aware of the nature of the content provided by the Web Site, that you are not offended by such content, and that you access the Web Site freely, voluntarily and willingly.
Cookies are software applications which are placed on the hard drive of your computer by websites. The aim of a cookie is to track a user’s navigation of the web site and store the information on the user’s hard drive. This information should make your web site visits more productive by storing and using information on your web site preferences and habits. They do not identify users individually but they do identify a user’s computer. Your browser software can choose whether or not to accept cookies and most browser software is initially set up to accept them. We may offer cookies to you and you should ensure that your browser software is set not to accept cookies if you do not wish to receive them.
All system/product claims are made based on one or some or all of the following; customer testimonials, paid for medical reviews which lead to endorsements, 3rd party clinical/scientific studies, primary clinical studies, and supplier information. Where testimonials, supplier information, user posts or general feedback is used this will be made clear in or attached to the actual claim. We make no claims in relation to the products and/or services referred to on the Web Site which is not based on the above information.
Due to health reasons, diets and lifestyles the results from our products and/or services may differ, with this in mind we provide an optional customer guarantee.