Terms of Service

In General

Ear Wax Removal Kit (“https://earwaxremovalkit.com”) owns and operate this Website.  This document governs your relationship with [https://earwaxremovalkit.com] (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

 

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (the "Linked Sites"), which are not operated by [https://earwaxremovalkit.com]. [https://earwaxremovalkit.com] has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

 

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at [Privacy Policy Link]. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

 

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and [https://earwaxremovalkit.com] will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

 

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of [https://earwaxremovalkit.com] or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by [https://earwaxremovalkit.com] and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

 

Terms of Sale

By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. 

 

In order to contract with [https://earwaxremovalkit.com] you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. [https://earwaxremovalkit.com] retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be [https://earwaxremovalkit.com] or may in some cases be a third party. Where a contract is made with a third party [https://earwaxremovalkit.com] is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

 

(a) Our Contract 

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

 

(b) Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

 

(c) Payment 

Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

 

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law [https://earwaxremovalkit.com] and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect [https://earwaxremovalkit.com]'s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

 

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

 

Disclaimer as to ownership of trademarks, images of personalities and third-party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with [https://earwaxremovalkit.com] and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to [https://earwaxremovalkit.com].

 

Indemnity

You agree to indemnify, defend and hold harmless [https://earwaxremovalkit.com], its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

 

Variation

[https://earwaxremovalkit.com] shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

 

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

 

Complaints

We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

 

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

 

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and [https://earwaxremovalkit.com com Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of [https://earwaxremovalkit.com].

 

 

General Terms and Conditions of Sale for Products

These General Terms and Conditions of Sale for Products (“Sales Terms”) apply to the sale of Ear Wax Removal Kit products (“Products”) to customer (“Customer”).  Ear Wax Removal’s offer to sell Products to Customer, and Ear Wax Removal Kit’s acknowledgment of any purchase order or other Customer document (“Order”) is expressly limited to, and expressly conditioned on Customer’s acceptance of these Sales Terms.  The applicability of terms contained in Customer’s Order is limited to the identification and the quantity of Products ordered.   Ear Wax Removal Kit objects to and rejects all other Customer terms, in any form, that are different from or additional to these Sales Terms. 

·       Pricing, Freight, Payment, Shipping, Returns

Product prices are as listed in the applicable Ear Wax Removal Kit price pages or in Ear Wax Removal Kit’s electronic order systems as of the date Ear Wax Removal Kit processes Customer’s Order.  For Orders specifying future-dated shipments, Ear Wax Removal Kit has the sole discretion to charge the price in effect on the date of the shipment.  Standard payment terms are net 30 days from the Ear Wax Removal Kit invoice date, unless a different period is stated on the invoice.  Customer may not make or take any deduction, set-off, or other adjustment without Ear Wax Removal Kit’s prior written approval.  Order quantities must meet stated minimums for Products.  Products are shipped per the Incoterms statement on the Ear Wax Removal Kit order acknowledgement or invoice, or, in the absence of such statement, F.O.B. point of shipment.  Title and risk of loss transfers to the Customer upon delivery to the carrier.  If Ear Wax Removal Kit pays freight on the Order Ear Wax Removal Kit may designate the means of transportation and routing.  If Customer requires alternative means of shipment, Customer will pay any resulting costs.  Lead times are as stated by Ear Wax Removal Kit and Products may be placed on backorder at Ear Wax Removal Kit’s discretion.  Where Product availability is limited for any reason, Ear Wax Removal Kit may fill orders or otherwise allocate Products in any manner it deems appropriate.  Under no circumstances will Ear Wax Removal Kit be liable for failure to ship, or for Customer’s failure to receive, Products by a certain date.  Ear Wax Removal Kit may require prepayment of any Order.  Any credit extended to Customer is done at Ear Wax Removal Kit’s discretion and subject to Ear Wax Removal Kit credit requirements.  Customer must keep its account current at all times.  Ear Wax Removal Kit may withhold shipments, payments, or other benefits, and/or assess late fees and interest on past due amounts until the account balance is current.  Returns are subject to Ear Wax Removal Kit’s applicable return goods policy and require advance Ear Wax Removal Kit authorization.

·       Compliance

Ear Wax Removal Kit will manufacture and sell the Products in compliance with the federal, state, and local laws applicable to each Product. Customer will comply with the federal, state, and local laws applicable to the handling, transportation, storage, use, processing, disposal, distribution, sale, and resale of Products and to any of Customer’s products that contain or are made by using Products. Under no circumstances will either party offer or make any payment or give anything of value to another person or entity where such payment or action would violate an applicable law or regulation, including, but not limited to, any applicable anti-bribery, anti-corruption, or anti-kickback law.

·       Product Information, Selection, and Use

Ear Wax Removal Kit may provide Product information, including technical information, specifications, recommendations, literature, and other materials (collectively “Product Information”) for Customer’s convenience in Customer’s selection of Products. The accuracy or completeness of Product Information is not guaranteed and is subject to change without notice. No license under any Ear Wax Removal Kit or third-party intellectual property rights is granted or implied with this Product Information. Customer is solely responsible for evaluating and selecting Products and determining whether each Product is fit for a particular purpose and suitable for Customer’s use and method of application. Products are not manufactured to any Customer requirements or specifications unless expressly agreed to in writing by Ear Wax Removal Kit. Products that are sold for Customer’s use or consumption may not be repackaged, resold, or redistributed in any manner without Ear Wax Removal Kit’s prior written consent.

 

·       Industrial/Occupational Products

Ear Wax Removal Kit intends, labels, and packages its industrial and occupational products for sale to trained industrial and occupational customers for workplace use.  Unless specifically stated otherwise on the applicable product packaging or literature, these products are not intended, labeled, or packaged for sale to or use by consumers (e.g., for home, personal, primary or secondary school, recreational/sporting, or other uses not described in the applicable product packaging or literature), and must be selected and used in compliance with applicable health and safety regulations and standards (e.g., U.S. OSHA, ANSI), as well as all Product Information, user instructions, warnings, and other limitations, and the user must take any action required under any recall, field action, or other product use notice. To the extent Customer promotes or sells such products outside of industrial and occupational channels or to consumers; or relabels the Product in any manner; or subdivides, repacks, or sells products in units smaller than as packaged by Ear Wax Removal Kit; Customer bears sole responsibility for meeting all applicable requirements (including packaging and labeling requirements) and for any resulting claims, losses, and damages.

·       Warranty, Disclaimer, Limited Remedy

Unless a different warranty is expressly specified on the applicable Product Information or Product packaging (in which case such warranty governs), Ear Wax Removal Kit warrants that each Product meets Ear Wax Removal Kit’s applicable Product specifications at the time Ear Wax Removal Kit ships each Product. Ear Wax Removal Kit MAKES NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ARISING OUT OF A COURSE OF DEALING, PERFORMANCE, CUSTOM, OR USAGE OF TRADE.  If a Product does not conform to this warranty, Customer’s sole and exclusive remedy is, at Ear Wax Removal Kit’s option, repair or replacement of the nonconforming Product or refund of its purchase price.  Ear Wax Removal Kit has no obligation under this warranty with respect to Products that are modified or damaged by Customer, including through misapplication, misuse, abuse, accident, neglect, or mishandling.  Customer must notify Ear Wax Removal Kit within 45 days after receipt that it believes a Product is non-conforming and, thereafter, cooperate with Ear Wax Removal Kit’s investigation of such claim, otherwise Customer waives any right or claim with respect to such non-conformance.  The foregoing warranty and remedy shall not apply to experimental or developmental Products, which are sold “as is” and without any warranty. 

·       Limitation of Liability

Except for the limited remedy above, and except to the extent prohibited by law, Ear Wax Removal Kit is not liable for direct, indirect, incidental, special, punitive, or consequential damages (including, but not limited to, lost profits, revenue, business, opportunity, or goodwill) that directly or indirectly arise from or relate to Products, regardless of the legal or equitable theory asserted, including, but not limited to, warranty, contract, negligence, fraud, or strict liability.

·       Export Control

Products are sold for use or consumption within the United States only. If Ear Wax Removal Kit authorizes Customer in writing to export Products outside of the U.S., Customer (a) assumes all responsibility for such Products, (b) will comply with all laws and regulations relating to the export and sale of Products outside the U.S., and (c) will adhere to all applicable Ear Wax Removal Kit policies and procedures relating to the export of Products as a condition to purchase and export.

·       Order Cancellation

Customer may cancel an Order only with Ear Wax Removal Kit’s written consent. In the event of an approved cancellation, and where Ear Wax Removal Kit has incurred costs and expenses that cannot reasonably be recovered through sale of the Products to another person or entity, Customer will pay Ear Wax Removal Kit for all such costs and expenses, which may include costs of related raw materials, packaging, and other items dedicated to Products. Ear Wax Removal Kit may cancel a Customer Order without obligation or liability upon notice to Customer. 

·       Taxes

Product prices do not include any applicable taxes, tariffs, duties, fees, or charges of any type imposed by any governmental authority (“Transfer Taxes”).  Transfer Taxes will be separately itemized on Ear Wax Removal Kit’s invoice and Customer will be liable for their full payment. Ear Wax Removal Kit will not collect or remit any Transfer Taxes for which Customer provides a valid tax exemption certificate.

·       Effect of Other Agreements, Terms

Where Ear Wax Removal Kit and Customer have a specific agreement for the sale or supply of Products or an individual Ear Wax Removal Kit business unit has issued specific terms and conditions for specific products, that agreement or the business unit specific terms and conditions (collectively “Ear Wax Removal Kit Agreement Terms”) will control, as to these Sales Terms, to the extent that the Ear Wax Removal Kit Agreement Terms are in addition to or conflict with these Sales Terms.  By ordering Product using the Ear Wax Removal Kit order systems, Customer agrees to be bound by all terms and conditions, program requirements, and other policies set forth in the applicable Ear Wax Removal Kit price pages, order forms, or order systems.

·       Governing Law, Dispute Resolution

Minnesota law, without regard to conflicts of laws principles, shall exclusively govern Ear Wax Removal Kit’s sale of Products to Customer. The United Nations Convention on Contracts for the International Sales of Goods does not apply. Except where Ear Wax Removal Kit files a claim or action to collect unpaid amounts due from Customer, all claims and disputes arising from or relating to these Sales Terms, any Order, or the Products must be resolved exclusively through the following dispute resolution processes: (a) good faith negotiations between duly authorized representatives of each party conducted within 90 days of a request for negotiations; (b) if necessary, non-binding mediation before a neutral mediator jointly selected and paid for by the parties within 120 days of a request for mediation at a location acceptable to both parties; and (c) as a last resort, litigation. The state or federal court located within Ramsey County, Minnesota shall be the sole and exclusive jurisdiction and venue for any litigation between Customer and Ear Wax Removal Kit. Customer agrees to submit to the jurisdiction of such court in the event of any litigation.

·       Changes

Ear Wax Removal Kit reserves the right to change its Sales Terms at any time without notice.

Last revised September 30, 2021.