Questions Regarding Shipments: If you have any questions about your order contact us at (800) 553-5022 or email us at email@example.com.
Lil’ Drug Store Products, Inc. (“LDSP”) is not responsible for shipments that are delayed due to causes beyond our control or the control of our carriers, including, but not limited to, the following: Acts of God, riots, strikes or other labor disputes, air traffic control delays, disruptions in air or ground transportation networks due to events such as weather phenomena and natural disasters.
Backorders: If an item on order is out of stock, the order will be processed for all remaining items, and the back‑ordered item will be identified on the shipping documentation. We do not keep back‑orders open. Please contact Customer Service at (800)553-5022 if you have questions about the estimated availability date.
Changing or Canceling of Orders: Orders can be changed or canceled at no cost to you if the order has not yet shipped. Please call or e-mail us as soon as possible if you decide to change or cancel an order.
Damaged in Transit: If you receive an item that was damaged in transit, please contact Customer Service or email us at firstname.lastname@example.org to order your replacement item.
General Terms and Conditions:
1. Title: All risk of loss and title to the Products shall pass to Customer upon the date the Products are delivered to Customer or placed with a shipping vendor.
2. Payment: Delinquent amounts shall bear interest at 18% per annum or the highest allowable rate, whichever is lower. For purchases by credit card, you expressly authorize LDSP to charge the credit card for Product purchases upon shipment of the Product. You certify that you are authorized to use the credit card and that you will pay the credit card issuer all charges directly related to the purchase.
3. Delivery: LDSP shall use its best efforts to ship the Products to Customer by the requested shipping date, with appropriate adjustment for conditions beyond the reasonable control of LDSP. Unless otherwise specifically agreed, the choice of vendor and shipping method will be determined by LDSP, in its sole discretion. Shipping costs shall be the responsibility of LDSP or Customer as set out in Customer’s LDSP account.
4. Licenses: Customer is solely responsible for obtaining any authorizations and/or licenses required in connection with its purchase and/or sale of the Products.
5. Limited Warranty: LDSP warrants that the Products will substantially conform to the then current specifications published by LDSP for the Products. Customer's exclusive remedy in the event any of the Products do not conform to LDSP's specifications set out herein, shall be replacement of such Products. LDSP shall not be liable for any special, indirect, incidental or consequential damages or for loss, damage or expense, directly or indirectly arising from Customer’s use of or inability to use the Products, either separately or in combination with other Products, or for personal injury or loss or destruction of Property or from any other cause. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE, AND LDSP EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, WORKMANSHIP OR FITNESS FOR A PARTICULAR PURPOSE.
6. Returns or Credits: No Products may be returned by Customer without first obtaining a return authorization from LDSP. Customer shall not deduct any amount from an invoice or short-pay an invoice without first receiving a written credit memo from LDSP. Notice of any request for returns or credits must be received by LDSP within 36 hours of Customer’s receipt of the Products. Returns may be subject to a 25% restocking fee.
7. Law: This Agreement shall be governed by the laws of Iowa. Should a dispute arise concerning the Products or this Agreement, the Court to determine this dispute shall be the state Court in Linn County, Iowa.
Recalls: In the event of a manufacturing withdrawal, removal of recall LDSP’s liability to Customer for costs associated with such event shall be limited to the amount provided by the Product manufacturer; provided, however, Customer reserves the right to make direct requests for reimbursement of any costs directly to the Product manufacturer.
8. Indemnity: Customer shall indemnify and hold harmless LDSP from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney fees, claimed by any person or organization arising out of or relating to the Products, their use, possession, operation, resale and/or condition, except to the extent caused by the gross negligence or willful misconduct of LDSP.
9. Entire Agreement: This Agreement, including any provisions on the reverse of this page, constitutes the entire agreement between the parties and supersedes and replaces other prior understandings or agreements, whether oral or written, relating to LDSP, including any agreements by any representatives of LDSP. This Agreement may not be changed, modified or varied except by the specific written and signed approval by authorized representatives of Customer and LDSP. Any customer purchase order or similar document issued relating to the purchase of LDSP Products shall be governed only by the terms and conditions of this Agreement, which shall supersede and prevail over the terms and conditions of any such customer purchase order. This Agreement shall not become binding on LDSP unless approved by LDSP management at its headquarters, as provided below.
10. General: LDSP is not liable for any failure or delay in performance due to any cause beyond its control, including but not limited to, governmental interference, product recalls, substantial price increases from suppliers that result in LDSP, in its sole discretion, ceasing to carry such Product(s), brand unavailability from manufacturers, negligence of distributors or suppliers or disruptions in business due to FDA labeling requirements.
If any provisions of this Agreement are in conflict with any statute or rule of law of any state or territory wherein it may be sought to be enforced, then such provisions shall be deemed null and void to the extent that they may conflict therewith, but without invalidating the remaining provisions hereof.
Customer agrees not to disclose to any third party any of the terms hereof or any of LDSP’s confidential information, and to return such information to LDSP upon termination of this Agreement.
If either party incurs attorney fees and/or costs in successfully enforcing any provisions of this Agreement, the other party shall be liable for such attorney fees and costs. Any notices or other communication required or permitted to be given to any party hereto shall be personally delivered or sent by First Class Mail, Certified, to the address listed in this Agreement. Such notice shall be deemed served at the time personally delivered or four (4) business days after the date mailed.