Vulcan Terms and Conditions of Sale and Disclaimer
Last updated: 13 January 2025
The following terms and conditions and disclaimers (“Terms”) applicable to all current uses of this website constitute a binding agreement between you and Vulcan.
Please read the Terms carefully before browsing or purchasing and using goods from this website. The Terms may have changed since your last visit to this website. Your current use of this website confirms your unconditional acceptance of the current Terms of Use. Only the Terms in effect at the time of use apply to that specific use. Each time you use this website, please review the Terms again to ensure that you understand and accept the then current Terms. If you do not accept the Terms, do not use this website. You should print a copy of the Terms for future reference as the Terms may have changed since your last use.
GENERAL
- These Terms will govern your current use of this website. These Terms supersede all terms and conditions previously posted on this website.
- If you are under 18 years of age, please ask your parents or other adult whether you are old enough to use this website and order goods and/or services from this website. Local laws may not apply to your use of this website or purchase goods from this website. You and the adult you must consult are solely responsible for determining whether you may legally use the Site.
- These Terms may change at any time without notice.
- You acknowledge that you do not rely on any representations and/or warranties not made in accordance with the Terms.
- Vulcan strives to ensure that the information on the Site is complete, accurate and up-to-date. Despite Vulcan's efforts, the information on the Site may occasionally be inaccurate, incomplete or out-of-date.
- The descriptions, illustrations, representations and/or specifications of the products and/or services provided on the Site are for informational purposes only and provide only general estimates of the efficacy of the products and/or services.
- You shall use the Site in a lawful, honest, non-offensive manner and in accordance with the from time to time accepted Internet usage practices and the standards prevailing in your community.
- You shall not use the Site and any services made available to you through the Site to attempt to access and/or interfere with the operation, operation or security of any network and/or system, or to monitor the use of the Internet by third parties.
- The Site may offer online entertainment services for adult. It may contain graphic depictions and descriptions of sexually explicit acts and/or the sale of adult products. You acknowledge that you are aware of the nature of the Site's content, that you are not objectionable thereto, and that you are accessing the Site on your own accord.
- These Terms are organized by headings in order to group information into "user-friendly" categories. Headings should not be used to interpret the Terms.
ORDERS
- We reserve the right to refuse to accept any order for Vulcan products and services. Your order for products will only be binding on us once you have received confirmation that the products have been dispatched. If we reject your order, your payment will be refunded in full.
- You are responsible for ensuring that all information provided is accurate and necessary for us to process your order and/or ship your order to the correct location. You will be solely responsible if your order is not dispatched or is shipped to the wrong location due to such inaccuracies.
- Products and services are subject to availability. If a product is out of stock, Vulcan will notify you as soon as possible. You may choose to wait until the product arrives or cancel your order.
- If you have any questions or concerns about Vulcan's products, you may contact us using the customer service contact information provided on this website.
- Delivery dates are estimates only and are not guaranteed. They may also be affected by any matters beyond our reasonable control.
- If a signature is required for delivery, it is your responsibility to ensure that someone is present at the delivery address to sign for the product upon delivery. It is also your responsibility to collect the product from any postal collection station and/or arrange an alternative delivery date if you are unable to sign for the product.
- If you place an order by post, please complete the order form and send it along with payment to the address provided. We are not responsible for undelivered orders.
- Any products purchased are for personal use only. Products must not be resold and must not be given away to any third party.
- You hereby agree that the resale of any item purchased by you from this website constitutes trademark and copyright infringement and is not protected by the "first sale" doctrine due to the "substantial difference" and "quality control" exceptions to the "first sale" doctrine.
- You further agree that if you resell the product, you will automatically be liable to pay Vulcan damages in the amount of $5,000.00 (five thousand U.S. dollars), which may be enforced in any court of competent jurisdiction. This is not a penalty, but an estimate of damages that is difficult to measure accurately (liquidated damages). The bargaining power between us is equal because this is not a product you are required to purchase and you will receive clear notice before purchasing the product.
- Since we do not ship the product directly, we are not responsible for the safe delivery of the goods. If a product is not delivered, arrives late, or is damaged in transit, you must file a claim with the carrier. We will provide you with their contact information upon request.
- Payment is due when you place your order.
- We will not accept your order until we have received notification from the credit card merchant confirming that your payment has been authorized and/or we have received payment in full cleared funds.
- We may withhold or suspend delivery of products if payment is not made in full for any reason.
LIABILITY
- The term "liability" as used in these Terms means any and all damages, claims, suits, actions, awards, expenses, costs and other losses.
- Vulcan makes no warranty with respect to the products sold on this Site. Vulcan makes no representations as to the suitability of the products on this Site for any purpose. All such products are provided "as is" without warranty of any kind, either express or implied. Vulcan expressly disclaims all warranties and conditions with respect to the products on this Site, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
- The statements, views, opinions, statements and recommendations on this website are based on statements and conclusions of third parties, including third-party scientific and medical researchers, customers providing testimonials, expert spokespersons, information from suppliers, participants in Internet forums, and authors of published literature regarding product ingredients and their efficacy. Vulcan itself does not represent or endorse the accuracy, currency, or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through this website, and expressly disclaims all such statements. You acknowledge that any reliance on any such opinion, advice, statement, or information is at your own risk. The materials on this website are transmitted and distributed on an "as is" basis and appear on the website without warranties of any kind, either express or implied.
- Vulcan is not responsible for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing in this website, or your downloading of any information or materials from this website.
- We assume no liability for product defects or failures, claims arising from normal wear and tear, product misuse, abuse, product alteration, improper product selection, non-compliance with any regulations, or misappropriation.
- Vulcan recommends that you seek the advice of a physician or other competent practitioner before using the products offered on or through this website, as you may be taking medication or other dietary supplements or may have a medical condition that makes the product unsuitable for you.
- Vulcan is not responsible for any injury or illness you suffer as a result of not seeking such advice, as a result of receiving incomplete or inaccurate advice, or as a result of any adverse physical reaction, whether or not you have first consulted a physician.
- If any dispute arises between you and us as a result of these disclaimers and exclusions of liability or for any other reason, and our customer service department or good faith mediation is unable to resolve any claim, dispute or controversy, we both agree that such dispute shall be resolved strictly by arbitration between you and us alone, and the results of the arbitration shall be binding on any party involved, and judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. For a full understanding of this dispute resolution policy, please review our Arbitration Policy here.
- Vulcan disclaims any responsibility for representations and warranties on other websites regarding the products and services offered on this website that are inconsistent with the representations and warranties on this website.
- You hereby agree to indemnify and hold harmless Vulcan and its officers, directors, employees, successors, agents, distributors and affiliates from and against all claims, damages, losses and causes of action (including attorneys' fees) arising out of or relating to your breach or alleged breach of these Terms and/or the terms of our Arbitration Policy.
- These disclaimers and exclusions apply to all content, goods and services available on or through the Site.
- The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
INTELLECTUAL PROPERTY
- All content on this Site is owned by Vulcan Inc. under copyright, trademark, international treaty and other laws, except for trademarks belonging to third parties. You may not re-transmit or copy any part of this Site for any purpose other than personal reference.
- Certain trademarks, trade names, service marks, graphics, photographs and logos used or displayed on this Site are registered and unregistered trademarks, trade names, service marks, graphics, photographs or logos that are proprietary to Vulcan or its subsidiaries. In addition, the arrangement and design of these elements on our Site and the underlying source code are the sole property of Vulcan. You may not reproduce or use the content in any manner without the written permission of Vulcan or other owners.
Return/Refund Policy
- We are confident that you will be satisfied with the products you order.
- Therefore, we offer you the return and refund policy shown on the Website. To be eligible for a refund, you must provide us with all the information we request and comply with all other terms set forth on the Website for this purpose.
- Refunds will be for the purchase price, but not necessarily for shipping and handling charges.
- Duties and taxes on your order are your responsibility and we will not be able to refund you if you fail to pay.
- To request a refund under this guarantee, please contact support@vulcan-lab.com or leave a message directly on the Website.
Links
- Vulcan is not responsible for the content of any website linked to this Website, including websites that review and/or promote Vulcan products and services. Links to this Website from other websites do not imply that Vulcan endorses the content of such websites or accepts any endorsement on such websites, nor does it imply any responsibility for the content or use of such other websites.
- The Website may contain links to websites owned or operated by parties other than Vulcan. Such links are provided for your reference only. Vulcan does not control external websites and is not responsible for their content or compliance with applicable law. Vulcan's inclusion of any links to external websites does not imply any endorsement of the material on such websites, or (unless otherwise expressly disclosed) any sponsorship, affiliation or association with its owners, operators or sponsors, nor does Vulcan's inclusion of such links imply that Vulcan is authorized to use any trade name, trademark, logo, legal or official seal or copyright symbol that may be reflected on the linked website.
Enforcement
- Our waiver of any breach of these Terms shall not be deemed a waiver of any subsequent breach of the same or other provisions.
- If any provision of these Terms is held by the legal authorities of the relevant jurisdiction to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the affected provision shall not be affected and shall remain in full force and effect.
- We shall not be liable for any delay in performance if such delay is caused by any event beyond our reasonable control, including, but not limited to, acts of God, war, flood, fire, labor disputes, subcontractor delays, strikes, lockouts, riots, civil commotion, malicious damage, explosions, governmental action and any other similar events. If we are affected by any such event, the time for performance shall be extended by a period equal to the period of time that such event delayed performance.
- All third-party rights are excluded, and no third party shall have any right to enforce these Terms.
- For this specific purpose, this Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Vulcan with respect to the Site. No modification of this Agreement will be effective unless it is written by Vulcan and signed in blue ink by a Vulcan director.
- The arbitration rules set forth in our Arbitration Policy will exclusively govern the enforcement of the Terms between you and us. Pursuant to the Mutual Arbitration Agreement, if any dispute arising for any reason between you and Vulcan Inc. (as such term is defined in the Mutual Arbitration Agreement) is to be determined in part by the state courts, we both agree that any issues arising out of or relating to the Mutual Arbitration Agreement, its interpretation, its breach, its termination, its validity, and the relationship created by the Mutual Arbitration Agreement, or any issues arising out of or relating to the marketing, advertising, sale or any related purchase of Vulcan Inc. products, to the maximum extent permitted by applicable law, shall be governed by the laws of the State of Delaware without regard to conflict of laws principles.
Customer Service
- If you are dissatisfied with any aspect of the services and/or products we provide you, or have any questions or comments regarding the service, please send an email to support@vulcan-lab.com