Terms of sale

THESE TERMS OF SALE APPLY ONLY TO ONLINE PURCHASES OF SUAN FARMA, INC. (“Suan Farma”, “Seller”, “we” or “us”) PRODUCTS THROUGH THIS WEBSITE MAINTAINED AT https://nutrasmallpacks.com (the “Website”). THESE TERMS DO NOT APPLY TO ANY OTHER WEBSITE OPERATED BY SUAN FARMA AND/OR ANY OF ITS PARENT OR AFFILIATES, NOR DO THE APPLY TO ANY “OFFLINE” PURCHSAES OF SUAN FARMA PRODUCTS.

Before your order for Suan Farma Products will be accepted through the Website, you (or “Buyer”) must affirmatively confirm your agreement with these Terms of Sale. If you do not agree to these terms, please contact us https://nutrasmallpacks.com/contact-us for alternative means to purchase our Products. Once you accept these Terms, you thereby confirm and agree that these Terms govern your purchase of our Products through this Website. No pre-printed terms on any confirming purchase order, nor any confirming or additional terms sent by you to us via email or otherwise will serve to amend, supplement or alter these Terms and will not be a part of your agreement with us.

BY PLACING AN ORDER FOR OUR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT WHEN YOU PLACE AN ORDER ON BEHALF OF YOUR ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS. YOU MAY NOT ORDER OR OBTAIN OUR PRODUCTS FROM THIS WEBSITE IF YOU (i) DO NOT AGREE TO THESE TERMS, (ii) ARE NOT THE OLDER OF (A) AT LEAST 18 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT WITH SUAN FARMA, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.

These Terms of Sale are separate, but are in addition to, the Terms of Use associated with this Website, which can be found at https://nutrasmallpacks.com/content/8-terms-of-use. You should also carefully review our Privacy Policy https://nutrasmallpacks.com/content/3-privacy-policy before completing a purchase through this Website.

PAYMENT METHOD/ACCOUNT CHANGES: Please be alerted: SUAN FARMA will never notify you any change of sensitive information like bank account details through standard email. If needed, we will use encrypted email or digital signature and your representative will confirm over the phone. WE SHALL NOT BE RESPONSIBLE IN ANY CIRCUMSTANCES FOR ANY PAYMENTS MADE TO OTHER BANK ACCOUNTS, AND YOU ASSUME ALL RISK WHEN YOU FAIL TO VERIFY ANY PURPORTED PAYMENT CHANGES IN THE MANNER HEREIN PRESCRIBED. You can contact us directly anytime for verification at +1 201 343 1188.

BUSINESS TO BUSINESS: Suan Farma offers its Products (dietary ingredients) and its services only to manufacturers of dietary supplements. This Website is not for consumer transactions. 

TERRITORY. Suan Farma is a United States corporation, based in New Jersey. You can place orders through this Website for our Products to be shipped within the United States and/or into Canada. However, if you are purchasing product to be shipped into Canada, you are solely responsible for to comply with all applicable Canada laws, rules, and regulations with regard to your import and use of our Products. We make no representations or warranties whatsoever regarding any warranties, express or implied under Canadian laws, rules and regulations, all of which are expressly disclaimed hereby to the fullest extent allowed by law. This Website cannot be used to purchase our Products for shipment to or use outside of the United States and/or Canada. If you wish to purchase our Products and you are located outside of those countries, please visit our Website . https://www.suanfarma.com/en/contact/ 

CHANGES: These Terms are subject to change by Suan Farma without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on the Website. You should review these Terms prior to purchasing any Products that are available through this Website. Your continued use of this Website after the “Last Updated Date” will constitute your acceptance of and agreement to such changes. 

ACCEPTANCE: All orders shall be deemed offered, accepted, and made in the State of New Jersey. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. 

PRICE. Prices charged for Products shall be Seller´s standard and customary prices on the invoice date, as adjusted at any time at its discretion. All prices are expressed and payable in U.S. dollars. Seller reserves the right to adjust prices without notice. Prices posted and/or quoted on the Website do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. 

PAYMENT: Terms of sale are online payment, unless otherwise stated on the face hereof. We accept payments through third party payment processors. At present, these include PayPal and Credit Card for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order. If Buyer defaults in any payment when due under this order or any other, at Seller’s option and without prejudice to other lawful rights and remedies, Seller may defer delivery of any ordered goods until all payments due are made or Seller may cancel your order. Accounts overdue date are subject to a finance charge of 1.5% per month, or the maximum rate allowed by law, whichever is lower, to be applied to the unpaid balance. The foregoing finance charge is in addition to, and not in lieu of, all other rights and remedies available hereunder, at law and/or in equity.

FRAUD. If there is any concern about fraud or credit, we will let you know if we are allowed by law. We may be required by law to first report the problem to law enforcement officials. We use a third-party vendor to detect fraud. 

YOUR PAYMENT. When you check out, and put in your payment information, you promise, represent, and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes that could impact your order, your account, or your payment. 

TAXES & FREIGHT CHARGES: In addition to the quoted purchase price, Buyer shall pay to Seller the amount of all governmental taxes, excise, duties, and other charges (except taxes on or measured by Seller’s net income) that Seller may be required to pay with respect to the sale or transportation of any goods delivered hereunder. Increases of inland freight charges and U.S. Custom duties, which become effective after acceptance of the order, shall be charged to Buyer when invoiced. 

DELIVERY TERMS: Unless otherwise specified on the order confirmation, delivery terms are Ex Works Seller’s main facility. Dates of delivery are determined from the date of Seller’s acceptance of any order from Buyer and represent a best estimate, are not guaranteed, and Seller shall not be liable for any damages due to late delivery. Risk of loss passes to you upon [our transfer of the Products to the carrier. 

“FORCE MAJEURE”: Seller shall not be liable for failure or delay on shipping ingredients hereunder if such failure or delay is due to any act of nature, act of God, war, labor difficulties, pandemic, epidemic, accident, invasion, terrorist threats, government order, embargoes, telecommunication breakdowns, or any other causes of any kind whatsoever beyond the reasonable control of Seller. Buyer’s payment obligations hereunder are not executed by a force majeure event. If your order will be delayed to a Force Majeure event, we will provide to you written notice of the same either directly by email or by a notice posted to the Website. If the Force Majeure event continues for more than 60 days, either party may cancel the subject order. 

EXPRESS LIMITED WARRANTY: Products sold by Seller are expressly warranted to conform to the specifications set forth on applicable Product labels or specification sheets. If any Product fails to comply with the foregoing express limited warranty, Seller shall, in its sole discretion, either (1) replace defective Product with conforming Product, or (2) issue credit in accordance or (3) take such action as the parties may mutually agree. All claims for defective Product must be submitted in writing to Seller within sixty (60) days of actual receipt of Product together with appropriate documentation. For the avoidance of doubt, Seller makes no warranties whatsoever as to the use of Products in any Buyer goods and makes no warranties as to compliance with any laws, rules or regulations in any jurisdiction outside the United States.

BUYER WARRANTIES. Buyer warrants that (i) it is solely responsible for any required inspections or testing of Product before incorporation of same into any of Buyer’s end products, and (ii) it is solely responsible for compliance with all applicable laws, rules and regulations of any jurisdiction whatsoever where the Buyer, directly or indirectly, produces its finished goods into which Product is integrated, including without limitation the U.S. Federal Food, Drug and Cosmetic Act (21 U.S.C. §301 et seq.), and all such other laws regarding the manufacturing, testing, labeling, distribution, advertising, marketing and/or sale of Buyer’s finished goods. 

DISCLAIMER OF WARRANTIES. SELLER MAKES NO WARRANTIES OTHER THAN THE WARRANTIES EXPRESSLY SET FORTH IN THESE TERMS, AND TO THE FULLEST EXTENT ALLOWED BY LAW, SELLER HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITIATION WARRANTIES OF QUALITY, WHETHER EXPRESS OR IMPLIED, WHETHER CREATED BY CONTRACT OR BY OPERATION OF LAW, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 

NOTIFICATION OF DEFECTIVE PRODUCT: Immediately upon Buyer’s receipt of any goods shipped hereunder, Buyer shall inspect the same and shall notify Seller in writing of any claims for shortages, defects, or damages and in such case, shall hold the goods for Seller written instructions concerning disposition. If Buyer shall fail to notify Seller within 30 days after Buyer has received the goods, such goods shall conclusively be denied conforming to the terms and conditions hereof and to have been irrevocably accepted by Buyer. 

RETURN OF GOODS: The return of any goods to Seller requires the prior written authorization from Seller (RMA). To return products, you must call + 1 201 343 1188 or email our Returns Department at [email protected] to obtain an RMA number before shipping your product. No returns of any type will be accepted without an RMA number. All returned goods must be sent freight prepaid and, unless otherwise authorized by Seller. Unauthorized attempts to return Products shall be subject to a restocking fee equal to twenty-five percent (25%) of the sales price of returned Products. If Seller authorizes the return of Products, the basis for any credit shall be limited to the amount paid by Buyer for materially nonconforming Products.

LIMITATION ON LIABILITY. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SELLER SHALL NOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE COST OF CORRECTING ANY NONCONFORMITIES IN THE PRODUCTS, OR IN THE ABSENCE OF SUCH NONCONFORMITIES, IN EXCESS OF THE AGGREGATE VALUE OF THE DEFECTIVE PRODUCTS DETERMINED BY THE PRICE PAID BY THE CLAIMANT AND EVIDENCED BY APPROPRIATE DOCUMENTATION. NOTWITHSTANDING ANY RESPONSIBILITIES OR LIABILITIES ASSUMED BY SELLER HEREUNDER, SELLER SHALL IN NO EVENT BE RESPONSIBLE IN CONTRACT OR IN TORT, OR OTHERWISE, FOR LOSS OR DAMAGE SUSTAINED AS A RESULT OF THE USE OF THE PRODUCT, LOSS OF PROFIT OR REVENUES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING FROM ANY CAUSE WHATSOEVER. 

GOVERNING LAW: This Agreement shall be governed by and the parties shall have the remedies set forth in the Uniform Commercial Code as adopted in the State of New Jersey as effective and in force on the date of this Agreement. 

TIME FOR BRINGING ACTION: Any action for breach of this Agreement as to a particular must be commended within one year after the cause of action has occurred. 

CONFIDENTIAL INFORMATION. All nonpublic information furnished to Buyer hereunder is for Buyer’s confidential use in connection with this Agreement and shall not be made available to any third party without Seller’s prior written consent. Buyer agrees that all information furnished or required to be furnished with an order whether orally or in writing, shall be kept confidential. Nonpublic Product data may not be used to procure from any source other than Seller or for manufacture of items described by such data. 

NO SET OFF. Each order is completely independent of all other orders placed by Buyer and all payments due to Seller under each order shall be paid when due and shall not be subject to setoff or applied against any money otherwise due hereunder to Seller. 

TITLE AND RISK OF LOSS. Seller shall retain the fullest right, title, and interest in Products to the extent permitted by law, including a security interest, until full payment has been received. The giving and accepting of drafts, notes and/or trade acceptances to evidence the payments due shall not constitute nor be construed as payment so as to transfer Seller’s interests until said drafts, notes and/or trade acceptances are paid in full. Risk of loss shall pass to Buyer at the delivery point. 

INDEMNIFICATION: Buyer hereby agrees to defend, indemnify, and hold harmless Seller, its affiliates, and Seller’s and its affiliates’ respective directors, officers, contractors, agents and employees, from and against any and all liabilities, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) arising from any third party claim, action, lawsuit or other proceeding (each, a “Claim”) arising out of or in connection with (a) any personal injury to or death of any consumer, which injury or death is caused by (i) the Products used by Buyer in the manufacturing of finished product and/or (ii) the Buyer’s finished products, (b) any claims regarding the labeling, sale, distribution, advertising or other claim regarding Buyer’s finished products, and/or (c) any claim regarding Buyer’s failure to comply with any applicable laws. Buyer shall not be obligated to indemnify, defend or hold harmless the Seller or its Affiliates or their respective directors, officers, contractors, agents and employees to the extent the Claim is caused solely by the gross negligence or willful misconduct of Seller. 

ATTORNEY’S FEES: If any party brings an action against other party hereto with respect to the interpretation of the terms herein or by reason of any breach of any agreements, representations, warranties, duties, obligations or other provisions of this contract by the other party, then the prevailing party in whose favor judgment is entered in such action, shall be entitled to have and recover of the other party all costs and expenses incurred or sustained by such party in connection with the initiation and prosecution of the action including, without limitation, attorney’s fees, expert witness fees, accountant’s fees shall be deemed to mean the full and actual cost of any legal services actually performed in connection with the matters involved calculated in the basis of the usual fee charges by the attorneys performing such services and shall not be limited to “reasonable attorney’s fees” as defined in any statute or court rule. 

SEVERABILITY. If any part of this Agreement is for any reason found to be invalid, illegal or unenforceable, all other parts nevertheless remain valid, legal and enforceable. 

RIGHTS AND REMEDIES CUMULATIVE. To the extent permitted by law, the rights and remedies in the Agreement are cumulative and not exclusive of any other right or remedy that might be available under the law. 

WAIVER. If either party fails to require the other to perform any term of this Agreement, that failure does not prevent the party from later enforcing that term. If either party waives the other party’s breach of a term, that waiver is not treated as waiving a later breach of that term. 

BINDING EFFECT. This Agreement binds the parties as well as their legal representatives, successors and permitted assigns. 

SURVIVAL. Termination or expiration of the Agreement does not release either party from obligations that, either expressly or by their nature, survive the termination or expiration, including but not limited to indemnity and confidentiality rights and obligations. 

AMENDMENTS. No amendment of this Agreement is valid unless it is in writing and signed by both parties. 

ENTIRE AGREEMENT. Each confirmed order and the agreement formed thereby is compromised of the Terms of Sale in effect as of the date the order is confirmed, together with the Website Terms of Use and Privacy Policy. These documents constitute the entire agreement between the parties concerning the subject matter of the Agreement. The Agreement supersedes all prior agreements between the parties concerning the same subject matter. 

NOTICES 

(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. 

(b) To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to SUANFARMA INC 17-09 Zink Place Fair Lawn, NJ 07410. We may update the facsimile number or address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.