Terms & Conditions

TERMS & CONDITIONS OF USE

This is a legal agreement (the “Agreement”) between you, the individual, company or organization (“you,” “your”, or “Customer”) and Beken & Krue Inc. (“we,” “our,” us,” “Germ Buffer,” “www.GermBuffer.com” or “Company”). By ordering, accessing, using or purchasing any product (collectively the “Product”) through this website or related websites (collectively, the “Website”), you are agreeing to be bound by, and are becoming a party to, this Agreement. If you do not agree to the terms of this Agreement, do not use this Website or order Product. Your use of this Website means that you agree to the terms and conditions of this Agreement. At any time without notice, we may change, add, modify, or delete portions of this Agreement at our sole and absolute discretion. It is your sole responsibility to review this Agreement for changes prior to use of the Website or purchase of the Product. Updated versions of the terms and conditions will be found on this page (www.germbuffer.com/terms-conditions).
 
General
 
These terms and conditions apply to ALL transactions made on or through this Website. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to the terms and conditions in this document by any act demonstrating your assent thereto, including clicking any button containing the words “I agree” or similar syntax, or by merely accessing the Website, whether you have read these terms or not. It is suggested that you print this form for your personal records.

Shipping
 
We currently ship within the United States, including United States territories and military addresses via the United States Postal Service (USPS). Shipping time or a shipping date is estimated and not guaranteed. No refund, shop credit, credit, or upgraded shipping will be issued for any reason.

Returns, Refunds, and Coupon Codes
 
All sales are final. Returns will not be accepted. No credit, store credit or refunds of any kind will be issued. If you have a valid coupon code, apply the code before checkout, making sure the credit is clearly displayed before completely the checkout process. If coupon codes are not used during checkout, no credit, store credit, or refund of any kind will be issued. If the coupon code is still valid, it may be used for a different order as long as the code is still active during that checkout time.

Billing Errors

If you believe there is an error in billing, please email immediately at info@germbuffer.com with the word ‘billing’ in the subject line. You may be asked to include a copy of the error via an account statement. This must be done within thirty (30) days of the purchase date, after which the billing will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You are deemed to have released Company from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Company within thirty (30) days of the purchase date.

Limitation of Liability

TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT THE COMPANY WAS AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCTS YOU ORDERED.

Further, under no circumstances shall we be liable for special, incidental, indirect, or consequential damages, lost profits, lost revenue, or cost of cover. Subject to our return policy, the products are sold and delivered to you “as is” with no warranty whatsoever. Subject to our return policy, we make no express warranties or representations and we disclaim all implied warranties and representations, including, without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE PRODUCT AND/OR WEBSITE. The Product and Website is also provided “as is”, we do not make any promises of any kind, including about the Product and/or Website’s accuracy, adequacy, usefulness, reliability or otherwise. We cannot and do not make any guarantee that Product can or will fully or partially protect against germs. Use of Product cannot and does not guarantee one is guarded from germs. User assumes liability of shopping. We do not guarantee that the Website will be free of virus or anything else harmful to your computer, mobile phone, tablet, console, or other technology (“Device”) or that the user experience will be uninterrupted or error-free. You are solely responsible for any damage to your Device.

Indemnification
 
You agree to defend, indemnify, and hold harmless Company, its owners, officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, from and against all claims, losses, liabilities, expenses, damages (actual or consequential) of any kind and nature, known and unknown and costs including without limitation attorneys’ fees, arising from or relating in any way from, directly, indirectly (i) your access to the Website, (ii) your misuse of any Product and/or the Website, (iii) your conduct on the Website or with other Customers, (iii) your submission of User Submitted Content, (iv) your violation of any third party rights, including without limitation, any intellectual property rights, confidentiality, property, publicity or privacy right, (v) your violation of any laws, rules, regulations, codes, statutes, ordinances or (vi) or your breach of any of these terms and conditions of this Agreement. We shall promptly notify you by email of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you.

Notices
 
Any notice or other communications concerning this Agreement shall be given by sending an email to the latest email address that one party has notified in writing to the other, or by social media communication. In the case of sending notices to you, Company will use the email address you provided to Company, or by social media communication, when you ordered your Product. Means of contact will depend on whether prior social media contact is established. Such notices or communications (where properly addressed) shall be considered received on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of forty-eight (48) hours after transmission, provided that the sender has not received notification of unsuccessful transmission.

Fraud
 
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as an email confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We may capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud of any kind, which includes the use of multiple accounts which is strictly prohibited. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.

Sales Tax

If you purchase any Products available on our Website, you will be responsible for paying any sales tax indicated on the Website. Consumer is responsible for paying any sales tax due to any county or state tax authority.

Intellectual Property Rights

The Website, and all content appearing therein, are the sole and exclusive property of the Company and/or Germ Buffer. No license or ownership rights in or to any content of the Website are conveyed to you by reason of this Agreement or your purchase of Product. The Website and its content are protected under the laws of copyright and trademark. Unless otherwise permitted by law, you may not copy, republish or transmit any portion of the Website without Company’s prior written consent. When you purchase or order any Product through this Website or from Company, you expressly agree that you do not have any license for the resale of any Product or copyrighted or proprietary image and that the resale of any Product or copyrighted or proprietary image is expressly prohibited. If you breach these Terms of Use, your right to use the Website will cease immediately and you must, at Company’s option, return or destroy any copies of the material you have made. This website governs the manner in which Company and its affiliates (hereinafter referred to collectively as “Company”).  If you believe that your content or work is the subject of copyright infringement and/or trademark infringement and appears on our Website, please email info@germbuffer.com with the information required under the Digital Millennium Copyright Act, 17 U.S.C. §512 (“DMCA”):

• An email with the subject line “Copyright Infringement Notice”;
• All of your contact information (full name, telephone number, email and mailing address);
• A description of the copyrighted or trademarked work that you think has been infringed; if there are multiple works, provide a representative list of such works;
• A description of where on the Website the content that you claim is being infringed is located;
• Information reasonably sufficient for the Company to contact you as the complaining party;
• A statement of your good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement under penalty of perjury that the information in your notice is accurate and that you are the copyright owner (or that you are authorized to act on behalf of copyright owner); and
• Your physical or electronic signature of yourself or the person authorized to act on your behalf (your full name counts as an electronic signature).
• You may be liable for damages, including costs and attorneys’ fees incurred by the Company or our Customers if you knowingly materially misrepresent that material or activity is infringing.

Products Availability and Prices

The features, content, specifications, products and prices and availability of Product and services described or depicted on this Website are subject to change at any time without notice. Certain Product or services may be available exclusively online through the Website. These Product or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We reserve the right, but are not obligated, to limit the sales of our Product 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 Product or services that we offer. 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 unauthorized dealers, resellers or distributors (e.g., those who have not signed our Reseller Agreement). All descriptions of Product or Product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. We undertake no obligation to update, amend or clarify information on the Website, including without limitation, pricing information, except as required by law. Any offer for any Product or service made on this Website is void where prohibited.

Accuracy, Completeness and Timeliness of Information

The information presented on or through this Website is made available solely for general information purposes and convenience. We do not warrant the accuracy, completeness or usefulness of this information, including, without limitation, all information related to the Product and its alleged healthcare benefits. Any reliance you place on such information is strictly at your own risk. Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of its contents, including, without limitation, the amount and/or quality of copper contained in the Product and any alleged medicinal or preventative healthcare benefits arising from the use of any Product. Company offers and displays the Product on this Website as reasonable representations and availability of the color, configuration, design, texture, and/or look of its Product. However, we cannot guarantee that your monitor’s display of merchandise color or detail will be accurate. On occasion, the Website may contain incomplete information, typographical errors, or inaccuracies as to description, pricing, sizing, fabrication, color or availability. Additionally, note that certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We reserve the right to correct errors at any time without prior notice (including after your order has been placed).

Terms and Conditions of Sale

Company’s Product are not labeled for resale, and are intended for the personal use of the Customer only.  Commercial resale of Company Products is strictly forbidden. The Customer hereby acknowledges and agrees that he or she is purchasing the Product for personal use only, and not purchasing the Product with intent to resell the Product.  The Customer agrees that he or she will not use Company as a drop shipper and that he or she will not enter order and shipment details on the Company website such that Company ships Products to his or her customers. The Terms and Conditions of Sale are subject to change without prior notice at any time, in Company’s sole discretion, so please review the terms of sale each time you make a purchase.

Disclaimer

WHILE COMPANY ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE, AND RELIABLE INFORMATION, SERVICES, SOFTWARE, AND MATERIALS AVAILABLE, THE INFORMATION, SERVICES, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THESE WEBSITES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY AUDIO, VISUAL, OR VIDEO CONTENT POSTED, MADE AVAILABLE THROUGH, OR ACCESSIBLE ON THIS WEBSITE. MOREOVER, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, AND MATERIALS AVAILABLE ON THESE WEBSITES FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY MAY MAKE MODIFICATIONS AND/OR CHANGES WITH RESPECT TO THESE WEBSITES OR IN THE INFORMATION, SERVICES, SOFTWARE, AND MATERIALS AVAILABLE ON THESE WEBSITES AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, AND MATERIALS AVAILABLE ON THESE WEBSITES. USE OF PRODUCT DOES NOT GUARANTEE PREVENTION OF THE TRANSMISSION OF GERMS. NOTE THAT ANY PUBLIC LOCATION WHERE PEOPLE ARE PRESENT PROVIDES AN INHERENT RISK OF EXPOSURE TO COVID-19, GERMS, VIRUSES, BACTERIA OR ANY OTHER CAUSATIONS OF ILLNESS. USER ASSUMES ALL RESPONSIBILITY WHILE USING PRODUCT. USER IS ENCOURAGED TO FOLLOW CDC GUIDELINES AND THE RECOMMENDATIONS OF HEALTH OFFICIALS AT ALL TIMES.

Foreign Transaction Fees

In some instances, billing for your Product, membership fee or shipping fee may originate from outside of the United States and in some occasions, your financial institution may charge a fee for processing this payment. You are responsible for these processing fees assessed by your financial institution per your card holder agreement. All transactions are processed in United States Dollars (USD). Company is not liable for any import fee, duty or customs fee that may be applied to international orders.

Typographical Errors

In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for Product listed at the incorrect price. We shall have 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 canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

Links
 
This Website may contain links to other sites on the internet that are owned and operated by third parties. This does not mean that Company endorses, monitors or has any control over these third parties or their activities, which are subject to separate terms of use and privacy policies. You acknowledge that we are not responsible for the operation of or content located on or through any such site and should carefully review any third party websites’ terms of use and privacy policies.

Miscellaneous

• Governing Law. This Agreement and all disputes, complaints, controversies or issues arising from it shall be governed exclusively by the laws of Florida, USA without regard to conflict or conflict of law principles. The sole and exclusive venue for any and all claims or causes of action arising from or related to this Agreement, or that are related in any manner to your purchase or attempted purchase of the Product(s), shall be the Courts of Florida, USA.
• Assignment. This Agreement and the rights and liabilities of the parties hereto inure to the benefit of their respective successors and assigns. Company may assign this Agreement to any successor entity. Customer may not assign without the written permission of Company.
• Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
• Attorneys’ Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorneys’ fees incurred on appeal.
• No Waiver. No waiver of or by Company shall be deemed a waiver of any subsequent default of the same provision of this Agreement.
• Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
• Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Website and your ordering and use of the Product, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
• Modifications. Company reserves the right to change any of the provisions posted herein and you agree to review these terms and conditions each time you visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes your acceptance of such changes. Company does not and will not assume any obligation to provide you with notice of any change to this document and you acknowledge and agree to same. Unless accepted by Company in writing, you may not amend these terms and conditions in any way.