TDSC Terms and Conditions of Sale
These terms and conditions of sale (the “Sales Terms”) set forth a legally binding agreement between you and TDSC and/or the applicable Third Party Vendor, and govern the sale, and your purchase, of Products from Third-Party Vendors on the Shopping Site. You shall be referred to herein as “Buyer” and the Third Party Vendor selling Products on the Shopping Site is referred to as “Seller.”
A. ACCEPTANCE. An Order constitutes an offer by Buyer, which is accepted by Seller solely in accordance with the terms set forth herein and on the face of the Order. The Seller is an authorized distributor or direct manufacturer that completes fulfillment of the Order. The Order will be deemed accepted upon receipt of Order acknowledgement unless otherwise noted in writing. In the event of any inconsistency between this Order and any Seller terms and conditions of sale, the following order of precedence governs: (a) first, the Order; and (b) second, any supplier terms and conditions of sale.
B. DELIVERY. Buyer reserves the right to accept early shipments with the Seller accepting adverse performance rating accordingly, without prior consent from Buyer. Freight terms are FOB Destination; title and risk of loss will pass upon delivery of goods at Buyer’s shipping address.
C. RETURNS. Notification to the Seller’s customer service for authorization on product returns can be made within 30 days of the delivery date, in the original, unmarked, unopened, sealed package with a copy of the original invoice, for a full credit or refund. Any defective product can be returned for a full credit or refund. Reference Seller’s terms and conditions of sale for additional information and warranties.
D. PAYMENT. Visa, Master Card, Discover, American Express, PayPal and PayPal Credit will be accepted. All listed prices are in US dollars.
E. ORDER PROCESSING AND SHIPPING. All orders for stocked items will be processed within one business day. Shipments are sent via UPS, FedEx, or USPS. Shipping time will be up to two (2) days for any Buyer in California; and up to three (3) days for any Buyer in the other contiguous United States . Orders for non-stocked items will be processed in one business day and will be delivered within three weeks.
F. BACKORDERS. If an item is out of stock, Seller will send the item as soon as possible; Seller will contact Buyer to notify them of the backorder and will give an estimated delivery date.
G. INSPECTION AND ACCEPTANCE. Buyer shall inspect all shipments of product upon arrival and shall notify TDSC of any over shipments, shortages, defectiveness of product, or other failures to conform to the Order, which are reasonably discoverable within ten (10) business days of product delivery. All notifications shall be accompanied by packing slips, inspection reports, and other documents necessary to support Buyer's claims.
H. RX PRODUCTS & CONTROLLED SUBSTANCES. Regulations require Seller to limit the sale of Rx and controlled substances only to registered, licensed healthcare professionals. If you are a new customer or have recently moved, please furnish us with a copy of your updated state DEA registration. For controlled substances, a copy of your DEA registration is needed to verify your shipping address. Please note that all orders for controlled substances are subject to a due diligence review process.
I. APPLICABLE LAW AND DISPUTES. The law of the state of Buyer’s domicile shall govern any dispute arising under or related to this Order.
J. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS. Seller has complied with and shall comply with all applicable federal, state and local laws and ordinances and all orders, rules and regulations thereunder. Subject to the limitation of liability set forth in Section 12 below, Seller shall save and hold Buyer harmless from and reimburse Buyer for any and all costs, damages and expenses suffered or occasioned to it through any failure of Seller to comply with any laws, orders, rules, regulations and ordinances.
K. WARRANTY. Subject to the Disclaimer, set forth in Section 11 below, Seller warrants that this product is composed of the materials described on the label and free from defects. Additional warranties are specified in attached supplier terms and conditions of sale.
L. CLEARANCE PRODUCT DISCLAIMER.All clearance items are sold as-is and may have shorter shelf lives. All clearance sales are final. Once purchased, no refunds, exchanges or credits are provided. Clearance items are available on a first-come, first-served basis; stock is not guaranteed. Items marked as clearance are not eligible for any additional discounts, coupons or offers.