2.1 Who we are. We operate the website www.nuchido.com. We are Nuchido Inc., a company registered in Delaware.

2.2 How to contact us if you are a consumer. You can contact us by telephoning our customer service team at 1-314 260 7874 or by writing to us at care@nuchido.com and 1209 Orange Street, Wilmington, New Castle, Delaware, 19801.

2.3 How to contact us if you are a business. You can contact us by telephoning our customer service team at 1-314 260 7874 or by writing to us at care@nuchido.com and Nuchido Inc., 1209 Orange Street, Wilmington, New Castle, Delaware, 19801 . If you wish to give us formal notice of a matter in accordance with these terms, please see clause 13.

2.4 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.5 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only.

4.2 Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website are approximate only.

4.3 Product packaging may vary. The packaging of the product may vary from that shown on images on our website.

4.4 Making sure your specifications are accurate. If we are making or providing the product based on specifications (which include without limitation any test results, details about you and your medical history) you have given us, you are responsible for ensuring that those specifications are correct. You can find information and tips on how to provide specifications on our website or by contacting us.

7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.

7.2 When we will provide the product. We or our courier will deliver the goods to you as soon as reasonably possible and if you are a consumer in any event within 30 days after the day on which we accept your order, or we will contact you with an estimated delivery date or to agree a delivery date, which if you are a consumer will be within 30 days after the day on which we accept your order.

7.3 We are not responsible for delays outside our control.

7.3.1 An event outside our control means any act or event beyond our reasonable control, including for example strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

7.3.2 If you are a consumer. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.3.3 If you are a business. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract  

7.3.3.1 that is caused by an event outside our control. An event outside our control is defined above in clause 3.1. If an event outside our control takes place that affects the performance of our obligations under a contract: we will contact you as soon as reasonably possible to notify you; and

7.3.3.2 our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of products to you, we will arrange a new delivery date with you after the event outside our control is over.

7.4 Collection by you. If you have asked to collect the products from our premises and we have agreed to your request, you can collect them from us at the location that we specify at any time during our normal working hours on weekdays (excluding public holidays) in force at that location.

7.5. If you are not available when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave the delivery at your door or let you know how to rearrange delivery or collect the products from a local depot.

7.6. If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 2 will apply.

7.7 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us (including leaving the delivery at your door) or you or a carrier organised by you collects it from us.

7.8 When you own goods. You own a product which is goods once we have received payment in full.

7.9 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.10 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

7.10.1 deal with technical problems or make minor technical changes;

7.10.2 update the product to reflect changes in relevant laws and regulatory requirements;

7.10.3 make changes to the product as requested by you or notified by us to you (see clause 6).

7.11 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 7 days in any 30 day period, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

7.12 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 5) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 10.7). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 10.6).

7.13 You may have additional rights under state and/or federal law. You can visit your local state attorney general’s web page for more information that may relate to your rights under this contract.

9.1 How to tell us about problems. We aim to provide a high standard of service. If at any time you would like to discuss with us how we could improve the provision of our services, or you are dissatisfied with the service you have received or have any other complaints with regards to your order or the product, please contact us. You can telephone our customer service team at 1-314 260 7874 or write to us at care@nuchido.com and Nuchido Inc., 1209 Orange Street, Wilmington, New Castle, Delaware, 19801. We will try to resolve any problem as quickly as possible, investigate any complaints carefully and promptly and report to you with our findings.

9.2  We warrant that on delivery any products which are goods shall:

9.2.1 conform in all material respects with their description;

9.2.2 be free from material defects in design, material and

9.2.3 workmanship; and be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).

9.3 Subject to clause 9.4, if:

9.3.1 you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 9.2;

9.3.2 we are given a reasonable opportunity of examining such products; and        

9.3.3 you return such product to us at our cost, we shall, at our discretion, repair or replace the defective product, or refund the price of the defective product in full.

9.4 We will not be liable for a product's failure to comply with the warranty in clause 2 if:

9.4.1 you make any further use of such product after you discover that a product does not comply with the warranty set out in clause 2;

9.4.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;

9.4.3 the defect arises as a result of us following any drawing, design or specification supplied by you; you alter or repair the product without our written consent; or the defect arises as a result of fair wear and tear, wilful damage, negligence or abnormal working conditions.

9.4.4 you alter or repair the product without our written consent;

9.4.5 or the defect arises as a result of fair wear and tear, wilful damage, negligence or abnormal working conditions.

9.5 Except as provided in this clause 9.2 to 9.6, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 9.2.

9.6 These terms shall apply to any repaired or replacement products supplied by us under clause 9.3.

10.1 Where to find the price for the product. The price of the product (which does not include state sales tax) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of product advised to you is correct. However please see clause 10.4 for what happens if we discover an error in the price of the product you order. The price of the product does not include delivery charges. Our delivery charges are as advised to you during the checkout process, before you confirm your order.

10.2  Inclusion of State Sales Taxes. Please note that the quoted price is exclusive of state sales tax (where applicable) and such tax will be added into your final bill. Prior to confirming your order, you will be presented with a total (tax inclusive figure) which will be the amount you will be paying us for the products.

10.3 We will pass on changes in the sales tax rate of VAT. If the rate of tax changes between your order date and the date we supply the product, we will adjust the rate of tax that you pay, unless you have already paid for the product in full before the change in the rate of tax takes effect.

10.4  What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

10.5  When you must pay and how you must pay. We accept payment by credit card and debit card. You must pay for the products before we dispatch them. In the event that your credit or debit card is charged before your order is accepted, a full refund (including any delivery costs charged) will be issued as soon as possible in the event that we do not accept your order or should you decide not to proceed with the order. In these circumstances, please contact us. If you are paying by subscription then we will withdraw funds against your authorized card or account in advance of product shipment to you.

10.6 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the US Federal Reserve from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

10.7  What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.