Terms & Conditions
Pricing and Payment Terms
All prices are subject to change without notice. Products are not shipped until payment has been received and confirmed by Aytu Consumer Health, Inc., a Delaware corporation, or any of its parents, subsidiaries or affiliates.(collectively, “AYTU”). AYTU does not agree to, and is not bound by, any other terms or conditions such as terms in a purchase order that have not been expressly agreed to in writing signed by a duly authorized officer of AYTU. Please ask your customer service or sales representative for details. Certain exclusions may apply.
You are solely responsible for any applicable sales, use, or similar tax and agree to indemnify AYTU for any such tax if not properly paid by you. Sales tax will be added when shipping to jurisdictions where AYTU is responsible for collecting sales tax unless the receiving party has exempt information on file with AYTU.
Shipping and handling costs are prepaid and added to the invoice. AYTU reserves the right to select the packaging and shipping method for your order, which will ensure the stability of the product and also efficient tracing. Any damage during shipment is covered by the warranty provided in these terms and conditions. For international orders, title to the goods passes in the United States when the goods are placed with the shipper. For all orders, the risk of loss of the goods passes when the goods are placed with the shipper. Shipment will be made within two (2) business days with delivery based on location of customer. US shipments will go via ground transportation.
Order Confirmation and Duplication
Written confirmation of a telephone, fax, e-mail or internet order is not required. However, if confirmation of an order is sent, it should be prominently marked -“CONFIRMING ORDER, DO NOT DUPLICATE”. Duplicate shipments due to incorrectly marked confirming orders may not be returned or exchanged per AYTU`s returns policy, described below.
In the absence of an express written agreement to the contrary, all products are sold by AYTU for the exclusive use of the purchaser and are not to be resold.
Claims and Returns
Any claim for credit or return goods request must be made within ninety (90) days of receipt. A return merchandise authorization ("RMA") must be obtained from AYTU. Customer Service for all returns. AYTU will not accept, and no refund will be issued, without an RMA. Upon receipt of authorized returned products, a refund for the original purchase price less the original shipping and handling charge and a $10 restocking fee "Partial Refund") will be issued. To obtain a Partial Refund, products must be returned within ninety (90) days of receiving an RMA number.
This Money Back Guarantee is only valid on the initial order placed via phone or online. Your refund will be credited back to your bank account or credit card and may take up to 3-5 business days to show in your statement, depending on the speed of the processing bank or credit card company.
Returns Address for Innovus Pharma and Aytu Consumer Health products:
Aytu Consumer Health
9 Willey Road
Saco, ME 04072
Before ordering, we recommend that you review specifications of the product as published on our website. Product descriptions on the website reflect, in general, the applications and conditions for use. Products should be used in accordance with the insert shipped with the product. AYTU reserves the right to change product specifications without prior notification. All products supplied by AYTU are warranted to meet our published specifications when used under normal conditions in your laboratory. AYTU DOES NOT MAKE ANY OTHER WARRANTY OR REPRESENTATION WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THESE PRODUCTS. IN PARTICULAR, AYTU DOES NOT MAKE ANY WARRANTY OF SUITABILITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY PRODUCT.
Remedies and Limitations
SHOULD ANY PRODUCT FAIL TO PERFORM AS WARRANTED OR FOR ANY OTHER CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR PURCHASE OF PRODUCTS FROM AYTU, AYTU’S LIABILITY AND YOUR REMEDY ARE STRICTLY LIMITED TO THE PURCHASE PRICE OR REPLACEMENT,
AT AYTU’S SOLE OPTION, OF THE PRODUCT SOLD. YOUR REMEDY SET FORTH FOR BREACH OF ANY WARRANTY ARISING HEREBY, EXPRESS OR IMPLIED OR BY OPERATION OF LAW, SHALL BE THE EXCLUSIVE AND SOLE REMEDY TO THE EXCLUSION OF ANY AND ALL OTHER REMEDIES INCLUDING, WITHOUT LIMITATION, CLAIMS FOR INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF SUCH PARTY.
Third Party Sellers of Aytu Products on Third Party Websites (e.g. Amazon)
THE AUTHENTICITY OF AYTU PRODUCTS DOES NOT APPLY TO PRODUCTS PURCHASED THROUGH UNAUTHORIZED RESELLERS, INCLUDING UNAUTHORIZED SELLERS ON AMAZON.COM, EBAY.COM, OR OTHER THIRD-PARTY MARKETPLACE WEBSITES. BELOW IS A CURRENT LIST OF AUTHORIZED THIRD-PARTY RESELLERS: Swanson Health Products®, AmeriMark®
You agree to indemnify, defend and hold AYTU, its directors, officers, shareholders, employees, representatives and assigns (collectively, “Affiliates”) harmless from and against any and all costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys` fees) resulting from any claim, suit, action, or proceeding brought by any third party against AYTU or its Affiliates alleging or arising from or related to any breach of these Terms & Conditions by you. This paragraph survives expiration or termination of your account or these Terms & Conditions.
Choice of Law/Disputes
You hereby agree that the only proper jurisdiction and venue for any dispute with AYTU or to products purchased from AYTU is in the state and federal courts in the State of Delaware, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving AYTU or its affiliates, employees, officers, directors, agents and providers. Any claims relating to the
information, services or products available in this catalog will be governed by the laws of the State of Colorado, excluding the application of its conflicts of law rules. You agree that any cause of action arising out of or relating to these Terms & Conditions will be commenced by you within one (1) year after such cause of action arose. Actions not commenced by you within one (1) year are permanently barred. This paragraph survives expiration or termination of these Terms & Conditions.
Mergers and Acquisitions
In the event of a merger, consolidation, or sale or transfer of all or substantially all of the assets or business of any one or more of the AYTU companies or Sites, one of the assets that would generally be transferred is the information we collect from our visitors and customers (including both financial records and consumer information). However, the use of this information by any successor entity would still be governed by the terms of this Policy, as amended from time to time, including any amendment after such transaction.
If any provision of these Terms & Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent in such section. You may not sell, assign, or otherwise transfer your account. AYTU may assign or transfer its rights with regard to your account and these Terms &
Conditions. AYTU’S failure to act with respect to any failure by you or others to comply with these Terms & Conditions does not waive AYTU’S right to act with respect to subsequent or similar failures. These Terms & Conditions set forth the entire understanding and agreement between you and AYTU with respect to the subject matter hereof. This paragraph survives expiration or termination of these Terms & Conditions.