Terms and Conditions
Effective Date: January 1, 2025
Last Updated: January 1, 2025
1. Agreement to Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Seller," "you," or "your") and Nola Diabetic Supply LLC ("Company," "we," "us," or "our") concerning your sale of diabetic supplies to us. By submitting supplies for purchase, requesting a quote, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree to these Terms, you may not use our services or sell supplies to us.
2. Eligibility Requirements
To use our services, you must:
- Be at least 18 years of age
- Be legally authorized to sell the supplies in your possession
- Be a resident of the United States
- Have the legal capacity to enter into binding contracts
- Not be prohibited from using our services under applicable laws
By using our services, you represent and warrant that you meet all eligibility requirements.
3. Product Acceptance Criteria
3.1 General Requirements
We only purchase diabetic supplies that meet ALL of the following criteria:
- Unopened and Sealed: All items must be in their original, unopened packaging with intact manufacturer seals
- Original Packaging: Items must be in their original manufacturer's packaging
- Expiration Date: Minimum 6 months remaining before expiration date (9+ months preferred for best pricing)
- Condition: Boxes must be in acceptable condition (minor cosmetic damage may be accepted at reduced rates)
- Authenticity: All products must be genuine, authentic products from authorized manufacturers
- Legal Ownership: You must have clear, legal ownership of all items submitted
3.2 Prohibited Items
We do NOT accept:
- Expired or soon-to-expire items (less than 6 months)
- Opened, used, or tampered products
- Items with removed or altered labels
- Counterfeit or suspected counterfeit products
- Stolen goods or items of questionable origin
- Items requiring prescription for resale
- Products subject to manufacturer recalls
- Items stored improperly or showing signs of damage from heat, moisture, or contamination
3.3 Right to Refuse
We reserve the absolute right to refuse any items that do not meet our criteria or that we determine, in our sole discretion, are unsuitable for purchase. This includes but is not limited to items that:
- Appear to be counterfeit or fraudulent
- Show signs of tampering or repackaging
- Have inconsistent or suspicious labeling
- Are from lots known to have quality issues
- Do not match the description provided in your quote request
4. Pricing and Payment Terms
4.1 Quote Process
- Quotes are estimates based on the information you provide
- Quotes are valid for 48 hours from issuance
- Final pricing is determined after physical inspection of items
- We reserve the right to adjust pricing based on actual condition, expiration dates, and market conditions
4.2 Pricing Factors
Final pricing depends on:
- Time until expiration date
- Condition of packaging (mint, dinged, or damaged)
- Current market demand
- Quantity submitted
- Product type and brand
4.3 Payment Methods
Payment will be issued via one of the following methods:
- ACH bank transfer (1-2 business days)
- Paper check (3-5 business days)
- PayPal (subject to availability and limits)
- Venmo/Cash App/Zelle (subject to app limits)
- Cash (local meetups only)
4.4 Payment Timeline
- Mail-in Service: Payment issued within 24-48 hours of receipt and verification
- Local Meetups: Payment provided at time of exchange after verification
- Payments may be delayed if additional verification is required
5. Shipping and Inspection Process
5.1 Shipping Requirements
- Use only the prepaid shipping label provided by us
- Pack items securely to prevent damage during transit
- Include a copy of your quote/invoice inside the package
- Ship within 3 business days of receiving your shipping label
- Do not include any personal medical information or prescriptions
5.2 Risk of Loss
Risk of loss remains with you until we acknowledge receipt of your package. We are not responsible for packages lost or damaged in transit when using shipping methods other than our provided labels.
5.3 Inspection Process
- All items undergo thorough inspection upon receipt
- We verify authenticity, condition, and expiration dates
- We may use various methods to verify authenticity including UV light, batch verification, and other industry-standard practices
- Inspection typically completed within 24 hours of receipt
5.4 Rejected Items
Items that fail inspection will be:
- Returned to you at our expense via standard shipping
- You will be notified of the reason for rejection
- No payment will be issued for rejected items
- Suspected counterfeit items may be reported to appropriate authorities
6. Representations and Warranties
By selling supplies to us, you represent, warrant, and covenant that:
- You have full legal right and authority to sell the supplies
- The supplies are your lawful property, free from liens or encumbrances
- The supplies are authentic products from the original manufacturer
- All information provided is true, accurate, and complete
- The supplies have been stored according to manufacturer specifications
- You are not violating any laws, regulations, or agreements by selling to us
- The supplies are not stolen, fraudulently obtained, or illegally diverted
- You have not removed, altered, or obscured any labels or markings
7. Prohibited Activities
You agree NOT to:
- Submit counterfeit, stolen, or fraudulently obtained items
- Misrepresent the condition, quantity, or expiration dates of items
- Submit items obtained through insurance fraud or other illegal means
- Remove or alter labels before submission
- Attempt to sell items multiple times to different buyers
- Use our service for any illegal or unauthorized purpose
- Violate any local, state, or federal laws in connection with our services
- Submit items that you do not have the legal right to sell
8. Privacy and Data Protection
Your use of our services is also governed by our Privacy Policy. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.
We maintain the right to:
- Verify your identity and the legitimacy of your supplies
- Report suspicious activity to appropriate authorities
- Share information as required by law or legal process
- Maintain records of transactions for legal and business purposes
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NOLA DIABETIC SUPPLY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your use or inability to use our services
- Any unauthorized access to or use of your information
- Any interruption or cessation of services
- Any bugs, viruses, or errors in our services
- Any loss or damage arising from your violation of these Terms
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID TO YOU FOR THE SPECIFIC SUPPLIES GIVING RISE TO THE CLAIM.
10. Indemnification
You agree to indemnify, defend, and hold harmless Nola Diabetic Supply and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your breach of these Terms
- Your violation of any law or regulation
- Your violation of any third-party rights
- Any misrepresentation regarding the supplies or your right to sell them
- Any claim that the supplies are counterfeit, stolen, or illegally obtained
11. Dispute Resolution
11.1 Informal Resolution
Before filing any legal action, you agree to attempt to resolve disputes informally by contacting us at noladiabeticsupply@gmail.com. We will attempt to resolve disputes informally for at least 30 days before either party may initiate formal proceedings.
11.2 Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Louisiana, without regard to its conflict of law provisions. Any legal action arising out of or relating to these Terms or our services shall be filed exclusively in the state or federal courts located in Orleans Parish, Louisiana, and you consent to personal jurisdiction in such courts.
12. Modification and Termination
12.1 Modification of Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after any modifications indicates your acceptance of the updated Terms.
12.2 Termination
We may terminate or suspend your access to our services immediately, without prior notice, for any reason, including but not limited to breach of these Terms. Upon termination, your right to use our services will immediately cease.
13. General Provisions
13.1 Entire Agreement
These Terms constitute the entire agreement between you and Nola Diabetic Supply regarding the use of our services and supersede all prior agreements and understandings.
13.2 Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
13.3 Waiver
No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term.
13.4 Assignment
You may not assign or transfer these Terms or any rights hereunder. We may assign these Terms without restriction.
14. Contact Information
Nola Diabetic Supply LLC
Email: noladiabeticsupply@gmail.com
Phone: (504) XXX-XXXX
Hours: Monday-Friday, 9:00 AM - 6:00 PM CST
Important Legal Notice:
By selling diabetic supplies to Nola Diabetic Supply, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety. If you do not agree with any part of these Terms, do not use our services.