Terms & Conditions
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This agreement contains the terms and conditions that apply to your purchase from Something Better, LLC. & www.sbnf.net - the entity named on the invoice ("Something Better Natural Foods") that will be provided to you ("Customer") on orders for products sold in the United States. By accepting delivery of the products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (I) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH sOMETHING BETTER, LLC., IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) UNLESS OTHER SOMETHING BETTER, LLC. STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in SOMETHING BETTER, LLC.’s sole discretion. Visit this page to review current terms and conditions of sale which are binding on you.
1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and SOMETHING BETTER, LLC. (WWW.SBNF.NET)
2. Governing law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MICHIGAN, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Something Better, LLC.'s sole discretion, and unless otherwise agreed to by Something Better, LLC., payment must be received by Something Better, LLC. prior to Something Better, LLC.'s acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Something Better, LLC. Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. Something Better, LLC. may invoice parts of an order separately. Orders are not binding upon Something Better, LLC. until accepted by Something Better, LLC. Any quotations given by Something Better, LLC. will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. Something Better, LLC. reserves the right to limit the order quantity on any product and/or to refuse to ship product to any customer for any reason, or for no reason whatsoever, with or without prior notice.
4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on Something Better, LLC.'s invoice(s). Unless Customer provides Something Better, LLC. with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Something Better, LLC.'s acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for Something Better, LLC.'s franchise taxes and taxes on Something Better, LLC.'s net income. If applicable, a separate charge for taxes will be shown on Something Better, LLC.'s invoice.
5. Title; Risk of Loss. Title to products passes from Something Better, LLC. to Customer on shipment from Something Better, LLC.'s facility. Loss or damage that occurs during shipping by a carrier selected by Something Better, LLC. is Something Better, LLC.'s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).
6. Warranties, Disclaimers. SOMETHING BETTER, LLC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In addition to these terms and conditions, customer agrees to be bound by the acceptance of contract terms contained elsewhere in this site.
7. Return Policies. Something Better, LLC. products that are purchased directly from Something Better, LLC. by an end-user Customer may be returned by Customer in accordance with Something Better, LLC.'s current return policies listed at www.sbnf.net.
8. Products. Something Better, LLC.'s policy is to constantly revise and update product information. While we do our best to ensure the information on our website is accurate to the best of our knowledge, product formulations and packaging may change without notice, and the product you receive may contain information that differs from that shown on this website. We strongly advise that you review the complete information included with the product you receive – including ingredient lists, allergen statements, warnings, and directions – before consumption and do not rely just on the details shown on this website. If you have any questions about product ingredients, allergen statements, warnings or directions, please contact the product manufacturer directly. Something Better, LLC. may revise and discontinue products at any time and is not responsible for typographical errors or misprints. Something Better, LLC. reserves the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.
9. Price Definitions and Promotions. Prices shown on the website are Something Better’s regular shelf price and are usually below the manufacturer’s suggested retail price. Item’s listed as “Sale or On Sale” are limited time promotional prices for the product. “TPR” is a temporary price reduction – a promotional price that usually runs for a longer time that a regular “Sale price”. Promotional prices may be adjusted or canceled at any time, without prior notice, at the discretion of Something Better, LLC.
Something Better, LLC. conducts periodic promotions related to shipping, products, and promotional codes. All offers are for a limited time only, and while supplies last. Offers cannot be applied to previous orders. Rain checks are not allowed. Acceptance of promotional codes is at the sole discretion of Something Better, LLC. Promotional codes offering percentile discounts shall only apply to the first $1,000 value of the order. Something Better, LLC. reserves the right to cancel an order if it believes that a fraudulent or abusive order has been placed.
10. Limitation of Liability. SOMETHING BETTER, LLC. DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY REASON. SOMETHING BETTER, LLC. WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
11. Arbitration. Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against Something Better, LLC., its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "Something Better, LLC.") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Something Better, LLC.'s advertising, any related purchase, including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and Something Better, LLC. The arbitration shall be held in Battle Creek, MI the office of Something Better, LLC., by telephone, or online. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the NAF or at P.O. Box 50191, Minneapolis, MN 55405.
12. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. Something Better, LLC. has separate terms and conditions governing resales.
13. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
14. Acceptance. By ordering any product from Something Better, LLC., whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of Sale, as well as the "Acceptance of Contract Terms" contained elsewhere in the Something Better, LLC. site.