Terms and Conditions
The following Terms and Conditions apply to the use of the TenderNeeds Fertility website (tenderneedsfertility.com) as well as any and all transaction(s) conducted through this site.
As a customer, user, registrant, guest, bot/crawler/spider (or any other automated or software entity), or visitor you are authorized to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice, “Copyright © 2010-2016 TenderNeeds Fertility, LLC. All rights reserved.”
USE OF SITE
This site (website and all content within) may contain proprietary information or copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. TenderNeeds Fertility, LLC, herein after TnF, reserves the right to modify product pricing and availability. These changes may be updated without notice. TnF reserves the right to refuse service, terminate or delete accounts or information within those accounts, and/or cancel orders at the discretion of management and with or without notice.
This site and all information, content, and products therein are provided on an “as-is” basis without warranties of any kind, either express or implied. You expressly agree that use of this site, including all content (data or software, downloaded or accessed from or through this site) and products are at your sole risk. TnF specifically disclaims all warranties, express or implied, including and without limitation the warranties of merchant-ability, fitness for a particular purpose, and non-infringement as to the information, materials, content, software and products on the site (all “site content”). TnF will not be liable, under any event or circumstance, for any special, indirect, incidental, or consequential damages, even if TenderNeeds Fertility had been advised of the possibility of such damage(s). Any liability that TnF would assume would be under special and specific agreement and must be in writing with full disclosure granted to TnF.
TnF does not represent or warrant that the site content is accurate, complete, reliable, current, or error-free.
TnF does not represent or warrant that this site or the server it is hosted on is/are free of viruses or other harmful components. TnF reserves the right to change any and all site content at any time without notice. Reference to any software, products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by TnF.
TnF is not engaged in rendering medical or legal services. Please consult your own licensed healthcare provider regarding any medical issues or attorney for legal advice. All medical and legal information on this site is provided solely for educational and informational purposes and should not be used for any medical or legal purposes without the advice and supervision of a licensed and qualified health care provider or attorney.
The use of personal information that you may submit to TnF is governed exclusively by TnF. We respect your privacy, therefore we will not share or sell your personal information with any third parties. Any information collected through this site is intended to be used for transactions that you may authorize through us and to ensure that we can provide timely and necessary services to our clients/customers and assist in the processing of your transaction(s). Your personal information is secured via SSL (Secure Socket Layer) and/or TLS (Transport Layer Security) Technology, but some of your information may be on a server that we do not have physical control over.
By using the TenderNeeds Fertility® website, you agree to indemnify and hold harmless TnF, their owners, member, management, or authorized staff. TnF does not assume liability for any health problems arising from the use of the products sold on the site or advice presumed to have been given by TnF or TnF staff.
TnF does not make any guarantees about the success or reliability of using our product/kit(s) or of our donor sperm transport system(s). It is at the customer’s discretion whether to trust our product/system(s) or not. Due to specimen sensitivity and the uncontrollable carrier environment, TnF cannot and does not warrant our semen transport system(s). TnF does provide product/system(s) to be used at customer discretion and the customer assumes risk for use of TnF product/system(s).
SHIPPING AND DELIVERY
TnF working hours are Monday through Friday (except postal or carrier holidays) 8:00 am to 1:30 pm (EDT/EST). We can usually process orders that are submitted prior to 9:00 am on any given business day, but TnF officially states orders received prior to 8:00 am (EDT/EST) will be processed and shipped the same day. Please consider this when choosing a shipping option. Orders placed during a weekend or holiday cannot be processed/shipped until the next business day.
TnF only ships material to locations associated with the united States of America and U.S. territories. We use UPS and FedEx carriers to ship products to Canada, United Kingdom, Australia, and any other international locations. If you would like to arrange shipments to other locations, you will need to contact us directly and arrange a transaction with specific shipping arrangements or to get a shipment quote. The risk of loss and title for all merchandise ordered on this site pass to you when the merchandise is delivered to the shipping carrier, unless otherwise explicitly stated.
If your delivery is damaged, you need to immediately note the damage to your carrier. If you accept a damage product, without notifying the carrier, you likely have accepted the damage at your liability. In order for TnF to process refunds due to carrier damage, the damage needs to have been reported by the customer to the carrier service upon receipt of the delivery.
In the event that you are taking advantage of free shipping offers from our site, we will utilize the United States Postal Service (USPS) for your shipment. We have had negative experiences with USPS, in the past, and do not stand behind shipments through USPS, except when offered through our free shipping promotions. If you choose USPS as your carrier, our liability for damage and/or loss transfers to you unless prohibited by law. We ensure that our products are in pristine condition upon packing and delivery to the carrier. Our years of experience with USPS has caused us to decide to treat all USPS shipped orders as Free On Board origin. We recommend FedEx and UPS and we will stand behind our product(s) with them as a carrier (Free on board destination).
Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.
Shipping laws are different in each country. It is your responsibility to check with your customs office to verify whether the country that you are shipping will permit the shipment of your products. TnF is not responsible for any direct, indirect, punitive, or consequential damages that might arise from improper international shipping practices. We will not refund any orders that are stopped or prohibited by law or customs. It is your responsibility to know if our products are allowed for import. We can not possibly keep up with changes in import/export laws and do not claim that our products may legally be imported to your nation/state. When we become aware that our products are prohibited, we will remove that nation/state from being allowed to order, if we cannot get our products to conform to import requirements. We will make honest attempts to comply with import requirements, if we determine reasonable effort will ensure that the product(s) make it to you. TnF makes no guarantee of importability to your nation/state. If the ordered items are returned to us, due to failure to deliver, we will refund your order (minus shipping costs and restocking fees). International orders explicitly pass title to the customer upon delivery to shipping carrier.
Customer is responsible for paying all duties, taxes, and any other custom fees themselves and TnF is not responsible for payment of any of these fees. TnF does collect sales tax for all states that we have a direct physical presence in and that tax will be collected by us at the time of the transaction. We will not collect tax for any other reason, as that is the customer’s responsibility
The information and content on this server is provided “as is” with no warranty of any kind, either express or implied, including but not limited to the implied warranties of interchangeability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this website is provided by the advertiser or manufacturer only, and not by TnF.
The references and descriptions of products or services within the website materials are provided “as is” without any warranty of any kind, either express or implied. TnF is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this website or of any of the products or services described hereon.
The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information (“advertisers”), and not TnF.
The inclusion of material on this server does not imply any endorsement by TnF, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.
A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although TnF tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.
You may purchase merchandise from this Web site by using any one of the payment options allowed by the site. TnF reserves the right to change its payment procedures at any time without prior notice to you. Due to the sensitivity of the products provided by TnF, we cannot accept returns and we believe it is a waste of money on the part of our customers to send materials back to us, unless we specifically request you return material/products. If we do request the return of material to support a claim made by you, the cost of the shipping will be at your expense, unless we provide the required shipping label. Our request for return would be solely to verify customer claims and destroy the product/material. TnF may provide refunds (whole or partial) at our discretion or offer a replacement of equal or lesser value at our cost. We will often provide shipping of these replacements in a manner most beneficial to TnF and at the complete discretion of management. We will only issue a refund to the account used at the time of checkout. To initiate a refund or exchange please fill out the form on the Contact Us page of this website.
RETURNS AND REFUNDS
In the event that a customer wishes to return a product, the issue must be stated, and proof submitted (like pictures or other evidence to support customer claim if requested), and be accepted by TnF staff as caused by us or a manufacturing defect. In most cases, TnF may resend the affected item by replacement at no cost to the customer to complete the order.
If a refund is desired by the customer, TnF will not provide a 100% refund, unless the issue is due to obvious negligence by TnF. TnF cannot reuse the items that a customer might return, so we will not usually request a return of items. If we request a return of item(s), it would be to investigate the circumstances of damage or problem. Once a package is delivered to a carrier, TnF is no longer in control of product and cannot be liable, except as we expressly accept it or as required by law. We do have a 20% restocking fee, which means we have to replace stock or restock a bad order with new stock and 20% of regular purchase price at time of sale attempts to offset or minimize product cost loss for us. If the mistake is on the customer’s side – unintended order or thought the product would be something other than what was stated or advertised, that will clearly be in the 20% restock example. If an item was damaged in shipping by carrier, please see the Shipping and Delivery section of the Terms and Conditions. Under some conditions, we are not responsible for shipping choices made by customer and the customer assumes liability as free on board origin. Refunds are likely only going to be made at 80% of purchase price or regular advertised price at time of order, whichever is less, except as outlined in this section or as required by law.
VOID WHERE PROHIBITED
Although the information on this website is accessible worldwide, not all products or services discussed from this website are available to all persons or to all geographic locations or jurisdictions. TnF and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for products or services from this website is void where prohibited.
In the event of litigation both parties agree that the Laws of the State of New Mexico shall apply and both parties shall consent to the jurisdiction of said State’s courts, or in the event of diversity of citizenship, the United States District Court for the Southern District of Indiana. Both parties expressly waive a trial by jury.
The Terms and Conditions constitute the entire agreement between you and TnF with respect to this website. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and TnF with respect to this website. No modification of the Terms and Conditions shall be effective unless it is authorized by TnF. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.