Terms of Purchase
EQWELLIBRIUM®, LLC TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS
Last Updated Date: February 22, 2022
These terms and conditions (these “Terms”) apply to the purchase and sale of products through https://eqwellibrium.com (the “Site”). These Terms contain very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read these Terms carefully.
These Terms are subject to change by EQWELLIBRIUM®, LLC (referred to as “EQWELLIBRIUM®”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product that is available through the Site. Your continued use of the Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
1. Legal Authority. By placing an order for products from this website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these Terms.You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms. You may not order or obtain products from this website if you (a) do not agree to these terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with
EQWELLIBRIUM® or (c) are prohibited from accessing or using this website or any of this website's contents or products by applicable law.
2. Terms of Use and Privacy Policy. These Terms are an integral part of the Website Terms of Use available at https://eqwellibrium.com/pages/terms-of-use (the “Website Terms of Use”) that apply generally to the use of the Site. You should also carefully review our Privacy Policy available at https://eqwellibrium.com/pages/privacy-notice (the “Privacy Policy”), before placing an order for products through the Site (see Section 12).
3. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
4. Prices and Payment Terms.
(a) All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
(c) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept PayPal, Apple Pay, Shop Pay, Google Pay and Facebook Pay for all purchases; provided, however, we may revise such approved payment methods from time to time in our sole discretion. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
(a) From time to time, we may offer an automatic renewal monthly subscription (“Monthly Subscription”) and prepaid gift subscriptions of three, six or twelve months (“Gift Subscriptions”).
(b) With respect to our Monthly Subscription, you agree that once you have expressly agreed for your credit card to be charged on a recurring basis and agreed to the amount of the recurring charges by purchasing a Monthly Subscription from the Site, we may submit periodic charges (e.g., monthly) to your submitted payment method without further authorization from you, until you provide prior notice at any time that you wish to cancel your Monthly Subscription (in accordance with these Terms). You agree that such notice will not affect charges submitted before we reasonably could act. Information on how to cancel is described below.
(c) By purchasing a Monthly Subscription, you agree and acknowledge that your Monthly Subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by
EQWELLIBRIUM® after the expiration date of your payment card.
(d) Your Monthly Subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your Monthly Subscription.
(e) To cancel your Monthly Subscription at any time, you may (i) logon to your account and follow the cancellation procedures there or (ii) send us a message at support@eqwellibrium.com and we will do it for you. If you cancel, you will not be re-billed during your next monthly billing cycle.
(f) For Gift Subscriptions, the subscription will NOT be renewed after the then-current term expires. You cannot cancel a Gift Subscription and the pre-paid fee is non-refundable.
(g) We reserve the right to revoke your subscription at any time as a result of a violation of these Terms, the Website Terms of Use or our Privacy Policy.
(h) We reserve the right to adjust pricing for ourproducts, shipping and handling or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your Monthly Subscription will take effect following notice to you.
6. Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. Please check the checkout page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
(a) Except for any products that are purchased by you from the Site and, upon delivery to you, are damaged (“Defective Products”), we do not accept any returns and do not provide any refunds for any products that are purchased from the Site. If you are in receipt of a Defective Product, you may return such Defective Product to us for a refund of your purchase price, less the original shipping and handling costs, provided you notify us within two (2) days of delivery with valid proof of purchase and such return is made within five (5) days of return authorization, provided such Defective Products are returned in their original condition. To return Defective Products, you must email us at orders@eqwellibrium.com to obtain a Return Merchandise Authorization (“RMA”) number before shipping your Defective Product. No returns of any type will be accepted without an RMA number. Upon our receipt of proof that you are in receipt of Defective Products, we may, at our discretion, waive the obligation to ship and return Defective Products back to us.
(b) You are responsible for all shipping and handling charges on returned Defective Products, unless we otherwise specify. You bear the risk of loss during shipment.
(c) Refunds for Defective Products are processed within approximately seven (7) business days of our receipt of such Defective Products. Your refund will be credited back to the same payment method used to make the original purchase on the Site. OTHER THAN FOR DEFECTIVE PRODUCTS, WE OFFER NO REFUNDS ON ANY PRODUCTS OFFERED ON THE SITE.
(a) We do not manufacture or control any of the products offered on the Site. The availability of products through the Site does not indicate an affiliation with or endorsement of any product or manufacturer. Accordingly, we do not provide any warranties with respect to the products offered on the Site.
(b) SUBJECT TO SECTION 7, ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
(c) SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
(d) YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
(a) IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING 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, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations or the disclaimer of warranties contained herein may not apply to you.
(b) OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH THE SITE.
10. Indemnification. You agree that you will be personally responsible for your use of, or purchase from, the Site, and you agree to defend, indemnify, and hold us, our officers, directors, employees, consultants, affiliates, subsidiaries, and agents, harmless from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site; (ii) your violation of these Terms or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
11. Goods Not for Resale or Export. You represent and warrant that you are buying products from the Site for your own personal or household use only, and not for resale or export.
12. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products through the Site.
13. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemics, pandemics or disease outbreaks (including COVID-19), lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
14. Governing Law and Jurisdiction. This Site is operated from the United States of America. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New Yorkwithout giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
(a) YOU AND EQWELLIBRIUM
® ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
(b) ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(c) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 15. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
(d) The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
(e) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR EQWELLIBRIUM
® WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
(f) If any provision of this Section 15 is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
16. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 16 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
17. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you and any person entitled to indemnification under Section 10.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide to us or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us by email at support@eqwellibrium.com. We may update the email address for notices to us by posting a notice on the Site. Notices provided by email will be effective one business day after they are sent.
19. General.
(a) Entire Agreement. These Terms, together with the Privacy Policy and Website Terms of Use constitute the entire and exclusive understanding and agreement between you and us regarding your use of, access to and purchase from the Site, and except as expressly permitted above,may only be amended by a written agreement signed by authorized representatives of the parties.
(b) No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
(c) Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
(d) Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.