Terms of service

Agreement to Terms

These Terms of Use ("Terms") govern your access to and use of the BasicBites website located at www.basicbites.com (the "Site") and your purchase of products from BasicBites, operated by Ortek Therapeutics, Inc. ("we," "our," or "us").

By accessing or using our Site, or by placing an order, you agree to be bound by these Terms, our Privacy Policy, and our Shipping & Refund Policy. If you do not agree to these Terms, do not use our Site or purchase our products.

Use of Shopify Platform

Our online store is hosted on the Shopify platform. By using our Site, you acknowledge that Shopify provides the e-commerce infrastructure and processes certain data on our behalf. Your use of our Site is also subject to Shopify's Acceptable Use Policy and Terms of Service. We reserve the right to refuse service to anyone for any reason at any time, in accordance with Shopify's platform policies.

Eligibility

You must be at least 18 years old to use our Site and purchase our products. By using our Site or placing an order, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this agreement.

User Accounts

You may create an account to facilitate purchases and track orders. When you create an account, you agree to:

  • Provide accurate, current, and complete information

  • Maintain and promptly update your account information

  • Maintain the security and confidentiality of your password

  • Accept responsibility for all activities under your account

  • Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason, including violations of Shopify's Acceptable Use Policy.

Product Information and Availability

We make every effort to display our products accurately, including descriptions, images, pricing, and availability. However, we do not warrant that product descriptions, images, pricing, or other content are accurate, complete, reliable, current, or error-free.

Important Product Information: BasicBites are oral care soft chews made with arginine bicarbonate and calcium carbonate. They are a food product, not a drug or medical device. These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease. BasicBites are not a substitute for regular dental care, including brushing, flossing, and professional dental visits.

Allergen Information: Please review the product ingredients listed on our Site and packaging. If you have food allergies or sensitivities, consult the ingredient list before purchasing.

Pricing and Payment

All prices are listed in U.S. dollars and are subject to change without notice. We reserve the right to correct pricing errors on our Site or in orders, even after an order has been submitted or confirmed. If a pricing error is discovered after you have made a purchase, we will contact you and give you the option to:

  • Proceed with the order at the correct price, or

  • Cancel the order for a full refund

Prices displayed do not include applicable sales tax, which will be calculated and added at checkout based on your shipping address.

We accept major credit cards, debit cards, and other payment methods as displayed at checkout. All payment processing is handled securely through Shopify Payments and/or third-party payment processors. By providing payment information, you:

  • Represent that you are authorized to use the payment method

  • Authorize us to charge the total amount, including product price, shipping, and applicable taxes

  • Agree to Shopify's payment processing terms

Orders and Order Acceptance

Placing an order constitutes an offer to purchase. All orders are subject to acceptance by us. We reserve the right to refuse or cancel any order for any reason, including but not limited to:

  • Product unavailability or out of stock

  • Pricing or product description errors

  • Suspected fraudulent, unauthorized, or illegal transactions

  • Limitations on quantities available for purchase

  • Violations of Shopify's Acceptable Use Policy or our Terms

You will receive an order confirmation email after placing your order. This confirmation does not constitute our acceptance of your order. We accept your order when we ship the products to you, and you will receive a shipping confirmation at that time.

Shipping and Delivery

We offer free shipping on all orders within the United States. Please allow 3-10 business days for delivery after your order is placed. Delivery times are estimates and not guaranteed.

Risk of loss and title for products pass to you upon delivery to the shipping carrier. We are not responsible for:

  • Delays caused by shipping carriers

  • Weather, natural disasters, or acts of God

  • Other events beyond our reasonable control

  • Orders shipped to incorrect addresses you provided

For complete shipping details, please see our Shipping & Refund Policy.

Returns and Refunds

Because BasicBites are a food product, we adhere to strict food-safety regulations:

  • Opened products: Cannot be returned or refunded due to food safety requirements

  • Unopened products: May be returned within 30 days of delivery in original, undamaged packaging for a full refund (customer pays return shipping)

If your order arrives damaged, defective, or incorrect, contact us within 14 days of delivery. We will provide a replacement or full refund at no cost to you.

For complete return and refund details, please see our Shipping & Refund Policy.

Prohibited Uses

You may use our Site only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Site in any way that violates any applicable federal, state, local, or international law or regulation

  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site

  • Impersonate or attempt to impersonate BasicBites, a BasicBites employee, another user, or any other person or entity

  • Use any automated system, including "robots," "spiders," or "scrapers" to access the Site

  • Attempt to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site

  • Engage in any fraudulent activity or use stolen payment methods

  • Violate Shopify's Acceptable Use Policy

Prohibition on Unauthorized Online Resale

Products purchased from the BasicBites online store may not be resold through online marketplaces or third-party e-commerce platforms. By placing an order, you agree that you will not resell BasicBites products on any online sales platform.

Specifically, you agree that you will NOT:

  • Resell, distribute, or offer for sale any BasicBites products on any online marketplace or e-commerce platform (including but not limited to Amazon, eBay, Facebook Marketplace, Walmart Marketplace, Etsy, or any other third-party online sales platform)

  • List BasicBites products for sale on your own e-commerce website without authorization

  • Represent yourself as an authorized online retailer or distributor of BasicBites products

  • Use our trademarks, product images, or descriptions in connection with any unauthorized online resale

Enforcement: We reserve the right to:

  • Refuse or cancel any order we suspect is intended for unauthorized online resale

  • Limit quantities on orders

  • Suspend or terminate accounts that violate this online resale prohibition

  • Refuse future orders from customers who have violated this policy

  • Pursue legal action for breach of these Terms, including seeking injunctive relief and damages

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by BasicBites, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials

  • You may store files that are automatically cached by your web browser for display enhancement purposes

  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use

You must not:

  • Modify copies of any materials from this Site

  • Delete or alter any copyright, trademark, or other proprietary rights notices

  • Access or use for any commercial purposes any part of the Site

BasicBites®, our logo, and other marks used on our Site are trademarks of BasicBites. You may not use these trademarks without our prior written permission.

Disclaimer of Warranties

YOUR USE OF THE SITE AND OUR PRODUCTS IS AT YOUR SOLE RISK. THE SITE AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ORTEK THERAPEUTICS, INC. AND BASICBITES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT:

  • The Site will meet your requirements

  • The Site will be uninterrupted, timely, secure, or error-free

  • The results obtained from use of the Site will be accurate or reliable

  • The quality of any products purchased through the Site will meet your expectations

  • Any defects in the Site will be corrected

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ORTEK THERAPEUTICS, INC., BASICBITES, THEIR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING:

  • ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES

  • PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS

  • LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS

  • LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA

  • WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID TO US FOR PRODUCTS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to defend, indemnify, and hold harmless Ortek Therapeutics, Inc., BasicBites, their affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site.

Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or related to them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule.

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to personal jurisdiction and venue in those courts.

Any claim or cause of action you may have must be commenced within one (1) year after the claim or cause of action arose, or such claim or cause of action is permanently barred.

Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes to these Terms, we will notify you by updating the "Last Updated" date at the top of these Terms and posting the new Terms on our Site.

Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes.

Severability and Waiver

Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Waiver

No waiver by Ortek Therapeutics, Inc. or BasicBites of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms, our Privacy Policy, and our Shipping & Refund Policy constitute the sole and entire agreement between you and Ortek Therapeutics, Inc. regarding the Site and your purchases, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site and such purchases.

Contact Information

Questions about these Terms should be sent to:

BasicBites

Ortek Therapeutics, Inc.

Email: cust_service@basicbites.com

Phone:516 310 0934

Mail: 1188 Willis Ave. #224, Albertson, NY 11507