TERMS AND CONDITIONS
CAREFULLY READ AND AGREE TO PURCHASE TERMS BELOW BEFORE ORDERING:
ATTENTION: This is a binding agreement between You, the person or entity agreeing to the terms contained in this document (“You”, “Your” or “Customer”), and http://essentialsforher.com (“http://essentialsforher.com”, “Our” or “Company”) the owner and administrator of this Website and all content and functionality contained herein.
IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE WEBSITE.
A. These terms and conditions, as well as any additional terms, conditions and covenants referenced in or made available by hyperlink in this document (collectively, these “Terms” or this “Agreement”), govern Your use of and access to this Website and any and all of its sub-pages (collectively, the “Website”).B.This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest Your agreement to the terms in this document by any act demonstrating Your assent thereto, including clicking any button containing the words “I agree” or similar syntax, or by merely accessing the Website, whether You have read these terms or not. It is suggested that You print this form for Your personal records. C. . http://essentialsforher.com reserves the right to revise, amend, or modify this policy and Our other policies and agreements related to the Website at any time and in any manner, without prior notice to You. Accordingly, You should periodically check this page for any modifications of these Terms. D. If You do not agree to be bound by these Terms, You may not enter, access or use the Website, or purchase any products through this Website, and You should exit the Website immediately. By accessing, using or ordering products through the Website, You affirm that You have read this Agreement and understand, agree and consent to all Terms contained herein. You further agree not to use or access Website if doing so would violate the laws of Your state, province or country. E. At the bottom of this page appears a “last modified” date. If the “last modified” date remains unchanged, then You may presume that no changes have been made since the “last modified” date. A changed “last modified” dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
2. ORDERING PRODUCTS THROUGH THE WEBSITE; POLICIES.
Trial Product Program Details Your membership starts off with a $4.95 shipping and handling charge to receive your first 30 day bottle. After that your trial period ends you will be billed $89.95 and be placed on a 3 month subscription. We ship the product the day after you place your order (except that orders placed Saturday-Sunday will be shipped the following Monday). Please allow 2-5 Business Days for the order to arrive via USPS. Your membership will be canceled after your 3 month term expires, so if you wish to continue your membership and receiving product you will need to contact a customer service agent and request that that be done. You can reach a customer service agent by calling us at 800-438-1459 or email us during normal business hours: Mon – Fri, 8am – 5pm Pacific Time. Prices may be lower for special offers during your time of purchase. Please read our terms and conditions for complete details and return/refund policies.
REFUNDS AND RETURNS:
If you are not satisfied with your membership for any reason, simply contact us within 14 days of placing your order. You will be required to cancel your subscription, however you will not need to return the bottle. This cancellation must be done no later than the 14th day of your membership period to ensure you are not billed any further charges and to receive a refund. If you are charged the $89.95 after canceling and there was a system error, then you will receive a full refund for the $89.95. Please allow 3-4 business days for refunds to process. If you wish to return your product please contact us at 800-438-1459. You may ship the product back, however there are no refunds on returned products unless specified by a customer service agent due to a system error. NOTE: ALL SALES AFTER THE END OF THE TRIAL PERIOD ARE FINAL! YOU UNDERSTAND THAT THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION AND THAT YOU WILL BE LIABLE FOR PAYMENT OF PRODUCT THAT WAS SHIPPED TO YOU, AND FUTURE SHIPMENTS OF PRODUCT, IF YOU FAIL TO NOTIFY US TO STOP SUPPLYING THE PRODUCT TO YOU. A. Trial Policy: Our Trial policy requires you to understand certain important dates. The policy, and the important dates for you to know, are as follows: B. Beginning on the day that You place an order for a product (“Product”) from the Website, Your fourteen (14) day Trial period begins (“Trial Period”). The Trial Period is calculated in calendar days, not business days and your fourteen (14) day Trial ends on day fourteen (14). C. You will be given thirty (30) days supply (or subscription access) of the Product you ordered. Generally, your Product is delivered within 2 to 5 days after placing your order. Delivery time is subtracted from Your Trial Period, and will reduce the number of days allocated to Your Trial Period. If You want to extend Your Trial Period due to slow or delayed delivery, You must call Our Customer Service Department toll-free at 800-438-1459 . Reasonable requests to extend Your Trial Period generally will be granted. D. If You are satisfied with the Product and wish to continue to receive the Product on a monthly basis for 3 months, You need do nothing else. Upon the expiration of the Trial Period, on Day 14, Your credit card will be billed for the full cost of the Product that You ordered (i.e., a thirty day supply) at the rate of $89.95. Your subscription will be canceled after Three (3) months E. On the 30th day following the date You first ordered Your Product, your monthly subscription will be renewed for another thirty (30) days supply of the Product, and the credit card You provided to us will be automatically billed for the Product at $89.95. F. Unless You cancel this service, every thirty (30) days thereafter for 3 months will renew your subscription for an additional thirty (30) days supply of the Product You ordered, and the credit card You provided to us will be automatically billed for the Product at $89.95. G.Regardless of whether You cancel Your Trial in a timely fashion or not, You will be responsible to pay the shipping and handling charges associated with Your Product of 4.95. You agree that we can charge Your credit card for this amount, and You agree to pay such amount regardless of whether You cancel Your Trial in a timely fashion or not. No refunds will be issued for shipping and handling charges. H.Cancellation of Orders. If You wish to cancel future deliveries of the Product and You are within the Trial Period, then You should follow the procedures described in the preceding section of this Agreement. If You wish to cancel future deliveries of Product outside of the Trial Period, then You must call Our Customer Service Department toll-free at 800-438-1459 and request that such future shipments be terminated. Your request for termination will be processed immediately; however, subject to Our refund policy (described above) You will be responsible for payment for any Product that has either (i) already been shipped to You or (ii) already been delivered to You at the time of Your call.I. We want You to be satisfied with Our Products and Our services. If You are ever not satisfied with any Product that You ordered, You may call Our Customer Service Department toll-free at 800-438-1459 and request a refund. If you are calling about refunding a purchase that has exceeded the 14th day of the trial period from the order date our customer service team will handle it on a case by case basis. More stipulations to our refund policy are as follows: J. Customers are restricted to receiving a single refund per Product ordered. Repetitive refunds are not permitted unless the Product, as delivered to You, is defective. We reserves the right to refuse a refund to any customer who repeatedly requests refunds or who requests refunds in bad faith. K. In order to process Your refund, You must supply us with Your name and delivery address. If You provide us with insufficient or incorrect information, Your refund will be delayed. L. Depending on the bank that issues the credit card You used, Your refund can take up to thirty (10) days to appear on Your credit card statement. If You have any questions about whether a refund has been issued by us please call Our Customer Service Department toll-free at 800-438-1459. M. Credit Card Descriptor. By ordering Products from us, You authorize us to charge Your credit card accordingly. This authority shall remain in effect until and unless You have cancelled future orders of the Products as described in this Agreement, above. Please be aware that the descriptor (or subject line) that appears on Your credit card entry will refer either to us or; alternatively, it will refer to the type of Product ordered . If you have any questions about the descriptor on Your credit card statement, You should call Our Customer Service Department toll-free at 800-438-1459 N. Modifications. We reserve the right to modify the prices charged for the Products, or to add or remove any Products, from the Website at any time without prior notice to You. Price quotes provided to You prior to any price modification shall be honored.O. Billing Errors. If You believe that You have been erroneously billed, please notify Our Customer Service Department toll-free at 800-438-1459 immediately of such error. If We do not hear from You within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by You for all purposes, including resolution of inquiries made by Your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.
3. REPRESENTATIONS; DISCLAIMERS
1. It is Our intention to provide You with the finest products available, and we believe in the efficacy of every Product we sell. You understand, however, that Our Products have not been evaluated by the FTC, and Our Products are not intended to diagnose, treat, cure or prevent any disease. Individual results will vary, and not every trade is will make you money.
2. You agree that You either have consulted, or will consult, with a physician before taking any of Our Products, and You will cease immediately taking Our Products if You experience any ill effects or unintended side effects of any Product.
3. We endeavor to provide You with accurate information about Our Products. You understand and agree that the information we convey about or Products and/or the efficacy of Our Products, is obtained from independent third parties such as news agencies, scientific reports, and scientific / research entities (“Third Parties”). We do not warrant or represent that such information is error-free, and we do not represent or endorse any Third Parties or the methods that they use to arrive at their conclusions. All Product specifications, performance data and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data.
4. We do not warrant or represent that Our Products will provide You with any particular benefits, or that Your results will match those of others who consume Our Products. Individual results will vary from person to person.
E. You must refer to the manufacturers specifications or warranty documentation to determine Your rights and remedies in this regard
4. OWNERSHIP; INTELLECTUAL PROPERTY.
A. The Website, and all images and content at the Website (collectively, “Materials”), are the sole and exclusive property of http://essentialsforher.com or its licensors. No license or ownership rights in or to any of the Materials are conveyed to You by virtue of this Agreement or by Your purchase of any Product from the Website. B. The Materials are protected by the copyright and trademark laws of the United States. Unless otherwise permitted by law, none of the Materials may be reproduced by You without http://essentialsforher.com prior written permission.
5. YOUR REPRESENTATIONS. You hereby represent and warrant that:
A. You are age eighteen or older; B. You have read this Agreement and thoroughly understand the terms contained in this Agreement; C. Any Products You purchase from the Website will be used for Your personal, non-commercial use; D. You will not re-sell, re-distribute or export any Product that You order from the Website; E. http://essentialsforher.com has the right to rely upon all information provided to http://essentialsforher.com by You; F. http://essentialsforher.com may contact You by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders You placed, or considered placing, at or through the Website.
Without the express prior written authorization of http://essentialsforher.com, You may not: A. Duplicate the Website (except as expressly provided elsewhere in this Agreement or as permitted by law); B. Create derivative works based on the Website or any of the Materials; C. Remove any copyright or other proprietary notices from the Website or any of the Materials contained therein; D. Frame or utilize any framing techniques in connection with the Website or any of the Materials; E. Use any meta-tags or any other “hidden text” using the Websites name or marks; F. “Deep-link” to any page of the Website; G. Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Website); H. Use any data mining, bots, or similar data gathering and extraction tools on the Website; I. Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or, J. Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure.
A.This Agreement shall remain in force as long as You access the Website, use any functions or features of the Website, or order anything from the Website. B. We reserve the right to terminate this Agreement without notice and/or refuse to sell to anyone who We believe, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services we provide, or (iii) is unable to provide us with sufficient information to allow us to properly identify the customers real name, address, or other contact information.
8. LIMITATION OF LIABILITY; NO WARRANTIES.
A. In no event shall http://essentialsforher.com or its officers, directors, employees or subcontractors be liable for any indirect, special, incidental, exemplary, consequential or punitive damages, under any cause of action whatsoever including but not limited to contract, tort, strict liability, warranty or otherwise, for any claim, cause of action, fee, expense, cost or loss (collectively, “Claims”) arising from or related to this Agreement, the Products, or Customer’s use of the Website or any Product. B. Except as otherwise specifically stated in this Agreement, the Website and all Products and services provided to You are provided “as is”, without any warranty whatsoever. C. You agree that http://essentialsforher.com’s entire liability for all Claims shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money You paid to http://essentialsforher.com in the one (1) month period immediately preceding the incident on which Your Claim is based. This limitation of liability shall apply for all Claims, regardless of whether http://essentialsforher.com was aware of or advised in advance of the possibility of damages or such Claims. D. The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You.
You agree to defend, indemnify, and hold harmless http://essentialsforher.com, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your misuse or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. We shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. If we do not hear from You promptly, we reserve the right to defend such claim or suit and seek full recompense from You.
Any notice required to be given under this Agreement to You may be provided to You by postal mail or by email. If notice is sent by email, such notice shall be sent to the last known email address that You provided to Us, and shall be deemed delivered once sent. Notices by customers to http://essentialsforher.com must be sent in writing to the following address: http://essentialsforher.com, 2520 Coral Way, suite 2235, Miami, FL 33145
11. FORCE MAJEURE.
http://essentialsforher.com shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the http://essentialsforher.com performance.
These Terms are governed by, and are to be construed in accordance with, the internal laws of the State of Florida, USA without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Florida. Notwithstanding the foregoing, http://essentialsforher.com will have the right to seek injunctive or other equitable relief in any court of competent jurisdiction. YOU HEREBY WAIVE TRIAL BY JURY OF ANY ACTION IN CONNECTION WITH THESE TERMS, THE WEBSITE OR ANY SERVICES OR MOBILE CONTENT.
YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES WITH AND CLAIMS AGAINST HTTP://ESSENTIALS.COM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE OR ANY SERVICES SHALL BE FINAL AND BINDING ARBITRATION, except that you and http://essentialsforher.com acknowledge that arbitration is not an adequate remedy at law, and that injunctive or other appropriate relief may be sought, with respect to any claim that either you or http://essentialsforher.com has (or has threatened to) in any manner infringed, misappropriated or otherwise violated any patent, copyright, trademark, trade secret or other intellectual property rights of the other party or any of its licensors.
Arbitration under this Agreement shall be conducted by the American Arbitration Association ("AAA") under its applicable arbitration rules ("AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you or related in any way to these Terms, the Website or any Services, be instituted more than three (3) years after the cause of action arose. If any portion of these Terms is deemed unlawful, void or otherwise unenforceable by any arbitrator or court of competent jurisdiction, such portion shall be construed in a manner consistent with applicable law to achieve, as nearly as possible, the same economic and legal effect, and the remaining portions shall remain in full force and effect.
The headings contained in these Terms are for convenience of reference only, are not to be considered a part of these Terms, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms.
No waiver of any portion of these Terms shall be effective unless it is in writing and signed by an authorized representative of http://essentialsforher.com. The failure of http://essentialsforher.com to require performance of any of your obligations under these Terms shall not affect http://essentialsforher.com right to enforce any provision of these Terms at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach. No waiver of any provision of these Terms shall be effective unless it is contained in a writing that is signed by an authorized representative of http://essentialsforher.com. The remedies of and its Affiliates under these Terms shall be cumulative. Notices sent by mail shall be deemed received seven days after they are being sent. Notices posted on the Website or sent by e-mail or as a text message shall be deemed received one day after they are posted or sent. Except as expressly provided otherwise in these Terms, all notices to http://essentialsforher.com shall be in writing and delivered via overnight courier or certified mail, return receipt requested to: Raspberry Ketones LegaGarcinial: 2520 Coral Way, suite 2235, Miami, FL 33145
Your obligations of the Terms shall survive any cancellation or termination of the Services. This Agreement constitute the entire agreement between the parties with respect to Your access and use of the Website and Your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters. * Modifications. http://essentialsforher.com reserves the right to change any of the provisions posted herein and You agree to review these terms and conditions each time You visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes Your acceptance of such changes. http://essentialsforher.com does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by http://essentialsforher.com in writing, these terms and conditions may not be amended by You.
http://essentialsforher.com does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by http://essentialsforher.com in writing, these terms and conditions may not be amended by You. http://essentialsforher.com Ltd © 2015. All Rights Reserved