GENERAL TERMS AND CONDITIONS
1.1. The ”General Terms and Conditions” (hereinafter referred to as GTC) have the purpose to outline the rules and guidelines governing the use of the www.dupuytrensco.com website.
1.2. The website owner and operator is DUPUYTRENSCO LLC, established in 296 Beauvoir Rd – Ste 100-281 – Biloxi, MS 39531, Mississippi, United States, registered with identification number 1371019 (hereinafter referred to as "Company”, ”Us” or ”We”).
1.3. By accessing or using this website, the User (hereinafter also referred to as ”Visitor” or ”You”) aknowledges that he has read, understood and agrees to be bound by these terms and conditions. The provisions of these Terms and Conditions apply for the entire duration of use, which is renewed with each access to the Site. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
2.1. Information is provided about the products and services and the possibility of online acquisition is offered through the www.dupuytrensco.com website.
2.2. Users who want to benefit from their products must have the status of “customer”, which is acquired by making an order. The condition of the client implies the adhesion to the conditions of use of the version published at the moment in which the website is accessed. In any case, there are pages of the website accessible to individuals or legal entities that fail to register or initiate a purchase. In this sense, users who access these parts of the website agree to be subject to the terms and conditions set forth in these general conditions, to the extent that this may be applicable.
2.3. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. If you are a parent or guardian that provides consent to your teenager's registration with and use of the sites, you agree to be bound by these terms in respect of such teenager's use of the sites. The Company does not assume responsibility for the use of the Site by minors who have violated this Agreement.
III. WEBSITE CONTENT
3.1. WEBSITE OVERVIEW
3.1.1 The company markets through the platform products or services that can be identified by different categories.
3.1.2 The Platform contains a Blog section through which the Company periodically posts articles to keep website visitors informed about topics related to its products, testimonials and products reviews and which can be accessed free of charge.
3.1.3 By subscribing, the User receives access to the Newsletter section where discounts on subscriptions, information about products or offers are communicated.
3.2. SIGNIN UP AND ACCOUNT SECURITY
3.2.1. When creating an account, the User agrees to provide accurate and complete information. It is your responsibility to keep your account information up to date. Failure to do so may result in a breach of these terms.
3.2.2. The User is responsible for maintaining the security of your account and safeguarding the password. Do not share the password with others or allow unauthorized access to your account.
3.2.3. You will promptly notify us if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
3.2.4. All personal data provided in order to create the account, edit the profile or use the platform, including the messages sent through the chat are confidential.
3.3. PRODUCTS OR SERVICES
3.3.1. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
3.3.2. We have made every effort to display the colors and images of our products that appear at the store as accurately as possible. We cannot guarantee that your computer monitor's display of any color will be accurate.
3.3.3. We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
3.3.4. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
3.3.5. We do not guarantee any specific results from the use the products. While the product is designed to help prevent certain conditions, we do not make any medical recommendations, provide medical advice, or claim that our product is a substitute for professional medical treatment. The use of the products should not be considered a medical diagnosis or treatment. If you have any skin concerns or medical conditions, we strongly recommend consulting with a qualified healthcare professional for appropriate guidance and care. By using our products, you acknowledge and understand that individual results may vary, and the Company is not responsible for any outcomes or consequences resulting from its use.
3.4. PRICES AND ORDER PLACING
3.4.1. All the prices of the products that are indicated through the web page. The initial price shown on the website for each of the products offered will be added to the current taxes and the corresponding fees for the shipping costs. In any case, the final rates will be previously communicated to the customer before formalizing the purchase itself.
3.4.2. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
3.2.3. The description of each product and their prices are informative and may be changed without prior notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
3.2.4. We reserve the right to refuse service to anyone for any reason at any time. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
3.5. ORDER CONFIRMATION
3.5.1. Once your order is placed with us you will receive a notification and confirmation email with all your order details. If you receive your confirmation email that means our system has properly processed your purchase and has pre-authorized your credit card. We will then submit your order to our warehouse to ensure the item is in stock for immediate packaging and shipping. If for some reason the item is out of stock or on backorder, as soon as your order becomes available we will process and ship.
3.5.2. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
3.6. SHIPMENT PROCESS
3.6.1. Upon receiving your order and once the tracking numbers are available we will issue those to you via email to the email you provided at the time of your purchase. If for some reason you do not receive the tracking information from our team within 3 days of your order, do not hesitate to reach out to us at email@example.com.
3.7.1. Please inspect the packaging of your item(s) when they arrive, if you notice any damage you should make note of it when signing for delivery. If your item(s) do arrive damaged, please send photos to firstname.lastname@example.org and we will replace the damaged item free of charge.
3.8.1. Due to the nature of our product, we do not offer returns.
3.9. REFUNDS (IF APPLICABLE)
3.9.1. If you cancel your order within 12 hours of purchase, please email us to request a refund at email@example.com. If your email to our support team was sent within the 12 hour time window we will send you an email confirming your refund has been processed. A credit will automatically be applied to your credit card or original method of payment, within 3-5 business days.
3.9.2. If you don't receive a refund within 3-5 business days, 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 firstname.lastname@example.org.
3.10. ORDER CANCELLATION POLICY
3.10.1. We understand that sometimes customers have a change of heart and wish to cancel their order. Due to our commitment to process and ship orders as quickly as possible, we can only cancel orders up to 12 Hours after they’ve been placed. To request an order cancellation, please email email@example.com as soon as possible.
3.10.2. After orders are successfully canceled, a refund is issued immediately but it may take 3 - 5 business days for your bank or credit card company to release your funds.
4.1. THE FOLLOWING ACTIVITIES ARE STRICTLY PROHIBITED ON OUR WEBSITE:
4.2. Engaging in any of the above activities may result in the immediate termination of your access to the Website.
5.1. The Company’s Privacy and Cookies Policy applies to use of this Site, which is available on the website. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
5.2. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. We do, however, reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request.
6.1. WEBSITE CONTENT:We have all the rights over the content, design and source code of this web page, including but not limited to photographs, images, texts, logos, designs, brands, commercial names, and data that are included in the Web,including copyright and trademark laws.
Customers and users are warned that such rights are protected by current international legislation regarding the intellectual and industrial property. It is expressly forbidden the total or partial reproduction of this website, or any of its contents, without the express and written permission of the Company.
6.2. TRADEMARKS: All trademarks, service marks, trade names, and logos used or displayed on this Website are registered and unregistered trademarks of the Company or third parties who have granted us permission to use them. The User may not use, copy, reproduce, distribute, or modify any of these trademarks without prior written consent from the owner.
6.3. COPYRIGHT: All content on this Website is protected by copyright laws, whether registered or unregistered. The User may not use, reproduce, distribute, or create derivative works based on this content without prior written consent from the Company or the copyright owner.
6.4. USAGE LIMITATION: We do not grant a license or implicit authorization whatsoever on the rights of intellectual and/or industrial property or on any other right or property related, directly or indirectly, with the contents included in the web.
6.5. USER-GENERATED CONTENT RIGHTS AND RESPONSIBILITIES
6.6. SOCIAL MEDIA TAG USAGE:By using #dupuytrensco and any other similar social media tag in any way related to any of the sites, each user agrees to provide us with an unrestricted, irrevocable, royalty-free, perpetual, fully paid-up, transferable, worldwide license to use the uploaded image(s) in any and all marketing materials, on sponsor’s websites, and through all social media channels. each user represents and warrants that uploaded images do not infringe the intellectual property rights of any third party, including, but not limited to, copyrights and trademark rights.
6.7. REQUESTING PERMISSION TO USE CONTENT:If the User wishes to use any content from this Website for purposes other than personal use or as expressly permitted under these terms and conditions, he must obtain written permission from us or the respective content owner. To request permission, please contact us at firstname.lastname@example.org. Include detailed information about the content, the intended purpose and how it is planned to be use it.
6.7. REPORTING INTELLECTUAL PROPERTY VIOLATIONS: If the user believes that intellectual property rights have been infringed upon by content on this Website, please notify us promptly.
7.1. DISCLAIMER OF ACCURACY AND ERRORS
7.2. In any case, the Company is committed to solving any problems that may arise and offering all the necessary support to the client to reach a quick and satisfactory solution to the incident.
VIII. LIMITATION OF LIABILITY
8.1. TO THE EXTENT PERMITTED BY LAW, WE WON’T BE LIABLE FOR ANY:
8.2. If the User or Client breaches these Terms and/or the Service Provider’s terms, to the extent permitted by law:
8.3. IN NO CASE SHALL DUPUYTRENSCO, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8.4. We don’t make any promises about Service Providers’ products and services apart from what we expressly state in these Terms. Making the right choice(s) is entirely your responsibility.
8.5. You may be protected by mandatory consumer protection laws and regulations, which guarantee you rights that no company’s terms can overrule. In that case, our liability is determined not just by these Terms, but also by any applicable consumer protection laws and regulations.
8.6. You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Sites or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if we are found to be liable, our liability to the User or Client or to any third party is limited to the greatest of the amount of the product or service bought from the Company.
9.1. To the extend permited by the law, you agree to indemnify and hold the Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against the Company by any third party due to or arising out of or in connection with your use of the Site.
10.1. This Website may contain links to third-party websites, content, or services that are not owned or controlled by us. We do not endorse, warrant, or assume responsibility for the accuracy or legality of any third-party content linked from the Website. Your interactions with these third-party websites are subject to their terms and conditions and privacy policies.
11.1. We shall not be liable for any failure or delay in performing our obligations under these terms and conditions when such failure or delay is due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, power outages, strikes, or labor disputes.
XII. PROMOTIONS AND CAMPAIGNS
12.1. The Company has the right to carry out, during defined time intervals, promotional campaigns to promote the registration of new members in its service. The Company reserves the right to modify the conditions of application of the promotions, extend them by duly communicating it, or proceed to the exclusion of any of the participants of the promotion in the event of detecting any anomaly, abuse, or unethical behavior in the participation thereof.
13.1. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO TERMINATE, SUSPEND, OR RESTRICT YOUR ACCESS TO ALL OR ANY PART OF THIS WEBSITE WITHOUT PRIOR NOTICE, FOR ANY REASON, INCLUDING BUT NOT LIMITED TO:
13.2. USER RESPONSIBILITIES UPON TERMINATION
14.1. The parties shall first attempt to resolve any dispute amicably through good-faith negotiations.
14.2. Except to the extent applicable law provides otherwise, this Agreement between you and the Company and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of Mississippi, without regard to conflict of law provisions. You and the Company agree to submit to the exclusive jurisdiction and venue of the courts located in the City of Biloxi, Mississippi.
15.1. These GTC, representing the Contract between the User and the Company, may be assigned by the latter without the consent of the customer.
15.2. The name of the chapters and the sub-titles are for reference only and should not be taken into account in the interpretation or construction of these GTC.
15.3. If any of the clauses in this GTC are declared null and void, the rest of the clauses will continue to produce their effects, and the clause declared null or unenforceable will be replaced by a new clause that reflects as closely as possible the will of the Company.
15.4. For questions or concerns regarding the General Terms and Conditions, please contact us by e-mail at email@example.com.
The General Terms and Conditions were last updated on the 15nd of October, 2023.