Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions:
Customer acknowledges that Pacifica Technologies Inc. and DBA Discount TENS sells a variety of products (the "Products) and that it shall be referred to herein as "Company.
I am at least eighteen (18) years of age or older;
The information I provide to Company either via this website or otherwise it true and accurate;
I am legally authorized to make any and all payments to Company made by me.
I accept full and complete responsibility and liability for the use or misuse of any products purchased from Company.
Customer acknowledges and agrees that it is not and will not under any circumstances represent itself to be an employee, owner, manager, member, shareholder officer, director or agent of Company, its parent company nor any of its subsidiaries. Customer shall not make any representations to any person or entity which could reasonable be understood as an attempt to bind the Company, nor shall Customer make any promises or representations to any person or entity regarding the Company, the Products, their uses, components, safety, warranties or characteristics that differs in anyway from those made by the Company.
Orders are normally processed and shipped within two to three business days.
Order Cancellation or Modification by Customers
Orders may not be cancelled or modified by Customer if the order has already been packaged for shipping or shipped.
To cancel or modify an order that has not yet shipped, use the websites contact form. If we have begun processing and packing order, there will be a 10% restocking fee for cancellation.
We do NOT accept order changes or cancelations via email or phone.
Company reserves the right to cancel any order where the Customer has not abided by our Terms and Conditions or if in its sole discretion deems cancellation appropriate .
All sales are final. Company does not accept returns under any circumstances other than in the case of defective merchandise and all returns will be subject to Company's approval. Any approved defective merchandise will be replaced with the identical undamaged product or products.
Company reserves the right to substitute alternative products of equal or greater quality and value at no extra cost to customer if the ordered product is out of stock or otherwise not available.
Reselling of products.
Customer agrees not to resell any products purchased on this website on any website or online marketplace including but not limited to Amazon, Ebay, Walmart.com, Jet, etc. Any form of online resale of these products is expressly forbidden.
Agreement to Indemnify and Defend for Misrepresentation
In the event that any of the above statements are determined to be untrue, Customer agrees to indemnify and defend Company and its owners, agents, officers, and employees against any resulting civil liability or criminal prosecution.
Assumption of Shipping Liability
Once your product is received by the shipping carrier, you will automatically assume all responsibility for its safe transit to your delivery address and thereafter. You also agree to hereby explicitly release Company from all liability and responsibility related to such shipment.
Any discrepancies with regard to pricing or quantities, shipping and any merchandise defects must be brought to the attention of the Customer Service Department in writing within five business days after the order is received.
Customer agrees to indemnify and hold Company harmless from any and all claims, rights, costs, expenses, damages, liabilities, suits, and judgments relating in any way to the sale of any products by Company to Customer or use of any such products by Customer or any third party.
LIMITATION OF DAMAGES AND WARRANTIES
Customer assumes all risk relating to or associated with in any way the purchase, sale and/or use of the Products. In no event shall Company be liable for any direct, indirect, incidental or consequential damages arising from or related in any way to the sale or use of any product purchased from Company. Customer waives all rights of indemnity and/or contribution as against Company arising from or related in any way to the sale or use of any product purchased from Company.
COMPANY DISCLAIMS AND CUSTOMER WAIVES ANY AND ALL IMPLIED OR EXPRESS WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, CUSTOMER WAIVES ANY AND ALL RIGHTS OF STATUTORY, CONTRACTUAL, LEGAL OR EQUITABLE INDEMNITY AND/OR CONTRIBUTION AS AGAINST COMPANY ARISING FROM OR RELATING TO IN ANY WAY THE PURCHASE, SALE AND/OR USE OF ANY PRODUCTS CONTEMPLATED BY THIS AGREEMENT.
TRADEMARKS, LOGOS, IMAGES
Discount TENS, The Discount TENS logo, the original product images taken by Company, and all Company-based trademarks are trademarks or registered properties of Company in the United States and other countries and are protected by law. Unauthorized use of Company's Name, Images, Logos and Trademarks or unauthorized copy of contents from this web site without permission from Company is in violation of U.S. and International copyright law.
Should any provisions herein be determined inconsistent with or contrary to applicable law, such provisions shall be deemed amended or omitted to conform therewith, without further affecting any other provisions or the validity of this Agreement.
This agreement shall be construed and interpreted solely and exclusively under the laws of the State of California. Any and all disputes by and between or involving in any way Company and Customer (or any of its respective principals, owners, operators, officers, directors, shareholders, managers, members, partners, employees, or agents) shall be heard solely and exclusively in a court of competent jurisdiction in San Diego County, State of California. The prevailing party in any such dispute shall be entitled to an award of attorney's fees, court costs, and sheriff's fees including without limitation any such costs incurred prior to the filing of any lawsuit.