Terms & 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 and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Delosi Labs. The collective work includes works that are licensed to Delosi Labs. Copyright 2015, Delosi Labs ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Delosi Labs or purchasing Delosi Labs products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Delosi Labs or to purchase Delosi Labs products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Delosi Labs. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Delosi Labs used in the site are trademarks or registered trademarks of Delosi Labs.
Warranty Disclaimer (Returns & Exchanges)
- There will be no refunds once an order has shipped (except where noted below.) To stop the shipment of an order and request a refund, please call us at (407) 288-8438.
- The default warranty period for ALL products is 15 Days unless specified elsewhere below or on our website.
- Please check your products when you receive them. The warranty period expires whether you open the product or not.
- No warranty on concentrated flavorings (see All Natural & Artificial Concentrated Flavorings below)
- Returns/exchanges will not be sent until warranted items are received and inspected.
- Return/Exchange shipping fees are the customers expense and will not be refunded or credited.
Products that meet the original manufacturing specifications, are functional, are not sold by Delosi Labs, or determined to be damaged through misuse/neglect, or out of warranty will be sent back without exchange.
Any eligibility for refunds and/or exchanges is limited to products that have been determined to have manufacturing defects. Products that are damaged through misuse, abuse, neglect or improper storage are not eligible for refunds/exchanges.
Shipping fees for all sales are non-refundable.
A 15% re-stocking fee may apply to exchanged items unless the reason for exchange was determined to be a fulfillment error (see Fulfillment Errors below)
All Natural & Artificial Concentrated Flavorings
Because flavors taste different from individual and preferences vary, Delosi Labs does not offer any exchanges, returns or refunds on our concentrated flavorings. Because of this, we encourage you to purchase a small bottle to sample before making large volume purchases of any flavor unless you are familiar with the manufacturers product(s). ALL Concentrated Flavoring sales are final..
Fulfillment Errors & Omissions
Please inspect your order immediately upon receipt. You have 15 days after the receipt of your order to request fulfillment corrections to any mistakes made by Delosi Labs in the processing of your order.
Requests for order fulfillment corrections made after 15 days from the date the carrier shows your order has been delivered will NOT be accepted. If Delosi Labs has made a mistake in fulfilling your order, please contact us at (407) 288-8438 so we can correct the issue and send (at our expense) the missing/correct items or refund your purchase price for the correct item.
Limitation of Liability
Delosi Labs shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Delosi Labs has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Shipping
All orders placed with Delosi Labs for fulfillment will be processed in the order they are received. Orders usually ship earlier than the estimated time but factors such as holidays, weekends, etc may impact your actual date of receipt. If priority, express or other similar shipping methods are offered during checkout; please be advised that the upgraded shipping method does NOT expedite the processing of your order. We may offer in the future, at our discretion, the ability to have your order expedited for an additional fee.
ALL orders are shipped FOB Destination from our Florida facility with freight pre-paid to your destination. Delosi Labs rescinds, and you accept, all risk of loss and title for all products and/or merchandise ordered from Delosi Labs when your shipment is turned over to the carrier for processing.
Immediately upon shipment processing, an automated email will be sent to you providing the tracking number and carrier of your order. It is your responsibility to address all losses, damages, questions or concerns with the carrier once your product leaves our facility and is traceable via the tracking number provided unless you have purchased shipping insurance with your order.
Shipping Insurance
Our shipping insurance product (available for purchase on each order) covers lost (undelivered) packages and damaged packages but does not cover packages that show delivered by the carrier except in some circumstances. If you purchase shipping insurance, then simply contact us by phone or create a claim at https://claims.route.com using your order email ID and Order number and upload your photos of the damage along with your description of the problem (lost, stolen or damaged) and the resolution (refund or replacement) that you want to resolve the issue. Route is a third party insurance product for your orders and they handle the entire claims process. Replacement shipments are processed by Route through our system on your behalf. We can help over the phone, but Route is a self-service claims process.
Taxes and Fees
Delosi Labs is based in and operates in Florida solely as an eCommerce company with ALL sales initiating from the internet. As a Florida based company, we are currently required to collect Florida State Sales Tax on all Florida customers only. It you live outside of the United States, it is your responsibility to pay all sales & use taxes, VAT, duties & customs handling fees (if applicable & billed.)
Typographical Errors
In the event that a Delosi Labs product is mistakenly listed at an incorrect price, Delosi Labs reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Delosi Labs reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Delosi Labs shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Delosi Labs without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Delosi Labs may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Delosi Labs.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Delosi Labs products) shall be in the state or federal courts located in Orange County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Delosi Labs products) must be commenced within one (1) year after the claim or cause of action arises. Delosi Labs' failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Delosi Labs may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Delosi Labs or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Delosi Labs does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Delosi Labs is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Delosi Labs reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Delosi Labs in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Delosi Labs, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Delosi Labs may link to sites operated by third parties. However, even if the third party is affiliated with Delosi Labs, Delosi Labs has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Delosi Labs. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Delosi Labs seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).