TERMS and CONDITIONS of PURCHASE and USE

Terms and Conditions of Purchase and Use

THIS AGREEMENT IS BETWEEN Nix-a-Crave, LLC and the PURCHASER AND USER OF THE Nix-a-Crave WEBSITE AND ITS PRODUCTS

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING PRODUCTS FROM US.

 


All users of this site agree that, access to and use of this site are subject to the following terms and conditions and other applicable law.

  • If you do not agree to these terms and conditions, please do not order or use this site.
  • By purchasing products from Nix-a-Crave, you agree to use at your own risk. You further agree to read all warnings and take proper precautions when using.

 

 


ELECTRONIC DECLARATION and AGE CERTIFICATION, Acceptances of Terms and Conditions


CURRENCIES AND FREE SHIPPING OPTIONS
All pricing is in USD only and Free Shipping when offered is for the United States only.
Free Shipping, when applicable and selected, applies to ground shipping only.
International and air shipping are excluded from this offer.


LIMITATION OF LIABILITY
Information accessible on this Site is for information purposes only and is not intended to be a substitute for professional medical advice. Nix-a-Crave does not warrant the validity of any health-related statements contained on the Site or any such information contained in third party sites referenced in the Site. You should always consult with your physician prior to using any nicotinamide product. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.

Nix-a-Crave shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Nix-a-Crave has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

WARNINGS  - READ ALL WARNINGS ON OUR WARNINGS PAGE
Do not use nicotinamide products until you have read the following agreement.
You agree you have read the following warnings and the warnings posted on our website:
You must be over 18 (or 21+ if in the United States) to purchase from Nix-a-Crave.

You agree to use products at your own risk.

Nix-a-Crave makes NO CLAIMS regarding the effectiveness of our products for ANY uses.

Nix-a-Crave products are intended to be used ONLY by consenting, informed ADULTS OVER THE AGE OF 18 (21 in the United States, or the legal age in your area) who want to use these products for personal enjoyment..

 

INDIVIDUAL RESULTS MAY VARY

Individual results may vary. The experience and outcome described in this content are unique to the invidivual and may not reflect the experience of all users.


HEALTH NOTICE: This product is intended for use by persons 18 or older, and not by
children, women who are pregnant or breast feeding, or persons with or at risk
of heart disease, high blood pressure, diabetes, or taking medicine for
depression or asthma. If you have a demonstrated allergy or sensitivity to
nicotinamide or any combination of inhalants,

Consult your physician before using any nicotinamide product. 

YOUR  ACCOUNT
Nix-a-Crave reserves the right to refuse and close an account for any reason.    If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Nix-a-Crave sells to adults, 18 years or older (21 if in United States), who own and can purchase with a credit card. If you are under 18 (21 if in United States), NixaCrave.com and its affiliates will refuse service, terminate all of your accounts, remove or edit content, or cancel orders immediately.

 

ORDERING
Your order is subject to acceptance by Nix-a-Crave and may be refused for any reason,
including credit concerns, restricted product, unusual volumes, or shipping addresses.
Once accepted, Nix-a-Crave may make partial shipments if some items are on back-order.
By placing the order, you agree that Nix-a-Crave may do so and charge you for any items shipped.

 

COUPONS, SPECIALS and PROMOTIONS
Coupons, Specials and Promotions are not combinable.  Only ONE coupon, special or promotion allowed per order. Coupons, Specials and Promotions must be redeemed at the time of order. No Exceptions.

SHIPPING
SHIPPING and RETURNS POLICY can be found here:  https://nixacrave.com/shipping-returns/

Nix-a-Crave will ship products according to your selected shipping instructions. Nix-a-Crave will attempt to ship the products within the estimated times reflected on your order but will not be liable for any failure to do so. Shipping charges are non-refundable.

Nix-a-Crave's shipping department may change the shipping method or package sizes to ship the package safely or more efficiently. In addition, Nix-a-Crave's shipping department may decrease the package size to save the customer unnecessary expense. This process is an added service by Nix-a-Crave and any savings will be credited to the customers account to be used as store credit only.  

ORDERS refused or uninsured are your responsibility.  Nix-a-Crave Shipping terms are F.O.B. Seguin, TX  This means, that our responsibility ends when we deliver your package to the delivering carrier.  When SHIP TO STORE is selected, Nix-a-Crave is responsible for the shipment until delivered to the customer in store.

Orders that have been fulfilled by your specifications may not be charged back or disputed with your payment authority (bank, PayPal, credit card, or other payment source).  Chargebacks will be charged a fee of $50 ($35 charged by the processor and $15 charged by Nix-a-Crave for handling).

 

INTERNATIONAL CUSTOMERS
Nix-a-Crave's Terms of Shipment are F.O.B. Seguin, TX.  Nix-a-Crave is not responsible for uninsured packages.  Insurance, if purchased, covers your shipment up to the receiving countries Customs location.  Once a package has passed into the customs of your country, Nix-a-Crave has no way of tracking that package, whether you have insurance or not.  The customer is responsible for any loss including losses due to, BUT NOT LIMITED TO, loss, theft, damage, customs seizure, or any other type of seizure. 

CANCELLATION
Our products are CUSTOM MIXED to YOUR SPECIFICATIONS.  Orders may NOT be canceled that have already been processed.  Once an order is moved into production, there are NO REFUNDS, STORE CREDIT or CANCELLATIONS.   Orders cancelled while still in Awaiting Fulfillment Status will be applied as STORE CREDIT ONLY.  No Exceptions.  Orders that have been fulfilled by your specifications may not be charged back or disputed with your payment authority (bank, PayPal, credit card, or other payment source).  Chargebacks will be charged a fee of $50 ($35 charged by the processor and $15 charged by Nix-a-Crave for handling).

RETURNS & WARRANTY:
All products are sold without warranty of any kind and purchasers will, by their own tests,
determine suitability of such products for their own use.
NO CLAIMS FOR LOSS, DAMAGE OR LEAKAGE ALLOWED AFTER DELIVERY IS MADE IN GOOD CONDITION TO CARRIER, WAREHOUSE OR Nix-a-Crave.

 

INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Nix-a-Crave, its advertisers,
licencors, subsidiaries and other affiliated companies, and their employees,
contractors, officers, agents and directors from all liabilities, claims, and
expenses, including attorney's fees, that arise from your use of this site, or
any services, information or products from this site, or any violation of this
Agreement. Nix-a-Crave reserves the right, at it own expense, to assume the
exclusive defense and control of any matter otherwise subject to indemnification
by you, in which event you shall cooperate with Nix-a-Crave in asserting any
available defenses.


LEGAL COMPLIANCE
Nix-a-Crave may suspend or terminate this Agreement or User’s use immediately upon
receipt of any notice which alleges that User has used this site for any purpose
that violates any local, state, federal or law of other nations, including but
not limited to the posting of information that may violate third party rights,
that may defame a third party, that may be obscene or pornographic, that may
harass or assault others, that may violate hacking or other criminal
regulations, etc. of its agents, officers, directors, contractors or employees.
In such event, Nix-a-Crave may disclose the User’s identity and contact information,
if requested by a government or law enforcement body or as a result of a
subpoena or other legal action, and Nix-a-Crave shall not be liable for damages or
results thereof and User agrees not to bring any action or claim against Nix-a-Crave
for such disclosure.

CHOICE OF LAW AND FORUM

Administration for Nix-a-Crave is located in Seguin, TXUSA.  

This site (excluding third party linked sites) is controlled by Nix-a-Crave from
its offices within the State of Oregon, U.S. of America. It can be access from
all 50 states as well as from other countries around the world to the extent
permitted by site. As each of these places has laws that may differ from
Oregon, by accessing this site, both you and Nix-a-Crave agree that the statues
and laws of the Oregon shall apply to any actions or claims arising out of or
in relation to this Agreement or your use of this site, without regard to
conflicts of laws principles thereof. You and Nix-a-Crave also agree and hereby
submit to the filing of any claim only in the exclusive personal jurisdiction
and venue of Oregon and any legal proceedings shall be conducted in English.

Nix-a-Crave makes no representation that materials on this site are appropriate or
available for use in other locations, and accessing them from territories where
their contents are illegal is prohibited. This Agreement shall not be governed
by the United Nations Convention on Contracts for the Sale of Goods.

TRADEMARKS
All trademarks, service marks and trade names of Nix-a-Crave used in the site are trademarks or registered trademarks of Nix-a-Crave.


WARRANTY DISCLAIMER
This site and the materials and products on this site are provided "as is" and
without warranties of any kind, whether express or implied. To the fullest
extent permissible pursuant to applicable law, Nix-a-Crave disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose
and non-infringement. Nix-a-Crave does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Nix-a-Crave does not make any warranties or
representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so
the above limitations may not apply to you.

PRICES SUBJECT TO CHANGE AND TYPOGRAPHICAL ERRORS
All store prices are subject to change without notice.
In the event that a Nix-a-Crave product is mistakenly listed at an incorrect price, Nix-a-Crave reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Nix-a-Crave reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Nix-a-Crave shall issue a credit to your credit card account in the amount of the incorrect price.


TERM; TERMINATION
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Nix-a-Crave without notice at any time, for any reason. The provisions relating to Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


NOTICE
Nix-a-Crave may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Nix-a-Crave.


MISCELLANEOUS
Your use of this site shall be governed in all respects by the laws of the state of Oregon, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Nix-a-Crave products) shall be in the state or federal courts located in Jackson County, Oregon. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Nix-a-Crave products) must be commenced within one (1) year after the claim or cause of action arises. Nix-a-Crave's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any of these terms and conditions. Nix-a-Crave may assign its rights and duties under this Agreement to any party at any time without notice to you.


USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Nix-a-Crave or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


PARTICIPATION DISCLAIMER
Nix-a-Crave does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Nix-a-Crave is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Nix-a-Crave reserves the right to block or remove communications or materials that it determines to be (a)abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c)in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Nix-a-Crave in its sole discretion.


THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, Nix-a-Crave may link to sites operated by third parties. However, even if the third party is affiliated with Nix-a-Crave, Nix-a-Crave has no control over these linked sites, all
of which have separate privacy and data collection practices, independent of Nix-a-Crave. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Nix-a-Crave seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).