Terms and Conditions
1.2 By using the Website you agree that you accept these Terms and that you will comply with them.
1.3 If you do not agree to these Terms, you must not access or use the Website.
1.4 Please read these Terms carefully and print a copy for your future reference as we will not file a copy of these Terms and may also update them from time to time. If you have any queries then please contact us.
1.5 PLEASE NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
2. WHO WE ARE AND HOW TO CONTACT US
Who we are
2.1 The Website is owned by Fine Wellness North America, Inc ('we', 'us' or 'our'), and operated by THGPP LLC with registered address 06-101, 115 Broadway, New York, NY 10006.
How can I contact you?
2.2 To contact us, please contact our customer services team by logging on to your account via our Help Centre and choosing one of the available contact options (‘Customer Services’).
2.3 If you would like to make a complaint or feel that any material appearing on the Website is offensive, objectionable or potentially defamatory please contact Customer Services and provide full details of the nature of your complaint and the materials to which the complaint relates. California Consumer Protection Notice
2.4 Under California Civil Code Section 1789.
3, California users are entitled to the following consumer rights notice: This Website is provided by Fine Wellness North America, Inc . If you have a question or complaint regarding the Website, please contact Customer Services. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
3. OTHER TERMS THAT MAY APPLY TO YOU Are there any other terms which apply when I use the Website?
3.2 If you are buying goods or services from our Website then our Terms and Conditions of Sale will apply to the sale of those goods and services to you.
4. WE MAY MAKE CHANGES TO THESE TERMS Our right to make changes to the Terms
4.1 We may update these Terms from time to time. We will make reasonable efforts to provide you with reasonable notice of any major changes via an announcement on the Website or, if you have created an account with us, by providing notice the first time you log in to that account following a change to the Terms. When will the changes apply?
4.2 The changes will apply to your use of the Website after we have provided such notice. What should I do if I don’t want to accept the changes?
4.3 If you do not wish to accept the new terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new terms.
4.4 Please check these Terms to ensure you understand the terms and conditions that apply at that time.
5. WE MAY MAKE CHANGES TO THE WEBSITE We may update and change the Website from time to time. We will try to give you reasonable notice of any major changes, but may make them without notice to you.
6. USE OF OUR WEBSITE You must keep your account details safe 6.1 You may have the opportunity to create an account on the Website. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We may disable access to your account
6.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of these Terms.
6.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify Customer Services. Your use of the Website
6.4 We only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes.
6.5 The Website may only be used for lawful purposes. You agree to comply with all applicable laws and regulations regarding the Website and its use.
6.6 You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website
6.7 Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged. If you make copies of any Website content you must retain, on all such copies, all of the copyright and other proprietary notices as they appear on this Website. What can’t I do?
6.8 You must not: • upload or transmit through the Website any computer viruses, Trojans, worms, logic bombs or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; • upload or transmit through the Website any material which is defamatory, offensive or of an obscene character; • attempt to gain unauthorised access to our Website, any other user’s account, the server on which our Website is stored or any server, computer or database connected to our Website; • use the Website to stalk, harass, or harm another individual; • impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; • interfere with or disrupt this Website or servers or networks connected to this Website; • use any data mining, robots, or similar data gathering or extraction methods in connection with the Website; or • attack our Website via a denial-of-service attack or a distributed denial-of service attack.
6.9 We may report any breaches of this section 6.8 to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately. We are not responsible for viruses or other harmful material
6.10 We will not be responsible for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it. We may monitor your use of the Website
6.11 We may disclose such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
6.12 You acknowledge that we have no obligation to monitor your access to or use of the Website, but that we have the right to do so for the purpose of operating the Website, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any content that we, at our sole discretion, consider to be in violation of these Terms or otherwise harmful to the Website provided.
7. UPLOADING CONTENT TO OUR WEBSITE
7.1 Whenever you post content to our Website, you agree and confirm that: • you own or otherwise control all of the rights to the content that you post; • the content and material is accurate; and • use of the content and material will not cause injury to any person or entity (including that the content or material is not defamatory). 5 You agree to indemnify us for all claims brought by a third party against us arising out of or in connection with a breach of this section
7.1. This means that you will be responsible for any loss or damage we suffer as a result of your breach of section
7.1. Your rights in the content which you post to our Website
7.2 Any content uploaded to our Website will be considered non-confidential and non-proprietary. You will retain all of your ownership rights in your content but you are required to grant us (and our sub-licensees if required) a licence to use, copy, modify and adapt your content and to distribute and make it available to third parties (see section 7.6 for more information about this).
7.3 You agree to waive your right to be identified as the author of the content and your right to object to derogatory treatment of the content. We may disclose your identity to third parties in certain circumstances
7.4 We may have to disclose your identity to a third party who claims that content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights or privacy rights. We may remove your content
7.5 We may remove any post you make on our Website in our discretion. Rights you are giving us to use content uploaded by you to our Website
7.6 By uploading or posting content to our Website, you grant us the following rights to use that content: • a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and • grant us and our sub-licensees the right to use the name that you submit in connection with such content.
7.7 If we reasonably request you to do so, you agree to do such further acts and execute all documents which may from time to time be necessary to give full effect to this section
7. 8. HOW WE USE YOUR PERSONAL INFORMATION
8.2 By using our Website, you: • consent to such processing and you warrant that all data provided by you is accurate; and • authorise us to transmit information (including updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
9. INTELLECTUAL PROPERTY RIGHTS IN OUR WEBSITE Our intellectual property rights in the Website and its content
9.1 Other than in relation to links to third party websites, we or our licensors are the owners or the licensee of all intellectual property rights in the Website and in the material published on it, including all brand names and trade marks. All such rights are reserved and nothing in these Terms will be interpreted as giving you ownership or rights in such intellectual property or the data contained there in.
9.2 You are not permitted to use our intellectual property without our approval, unless expressly permitted under the section 6 (Use of our Website). Third party intellectual property rights in the Website content
9.3 We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing content that violates the intellectual property rights of others, suspending access to this Website (or any portion thereof) to any user who uses this Website in violation of someone’s intellectual property rights, and/or terminating, in appropriate circumstances, the account of any user who uses this Website in violation of someone’s intellectual property rights.
9.4 Pursuant to Title 17 of the United States Code, Section 512 (the ’Digital Millennium Copyright Act’ or ’DMCA’), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of this Website, please provide written notice to our agent (’Agent’) via Customer Services for notice of claims of infringement: To be sure the matter is handled immediately, your written notice must: • contain your physical or electronic signature; • identify the copyrighted work or other intellectual property alleged to have been infringed; • identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; • contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); • contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law; • contain a statement that the information in the written notice is accurate; and • contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
9.5 Submitting a DMCA Counter-Notification We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information: • Your physical or electronic signature; • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; • A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and • Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
9.6 Termination of Repeat Infringers We reserve the right, in our sole discretion, to terminate the account or access of any user of this Website who is the subject of repeated DMCA or other infringement notifications.
10. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES WHICH WE LINK TO
10.1 As a convenience to you, the Website may include links to other websites or material which is provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
10.2 We have no control over the content of those websites or resources and we accept no responsibility for the availability, suitability or content of such websites and nor do we review or endorse them or any views expressed within them.
10.3 We will not be responsible for the privacy practices or content of such websites nor will we be responsible for any damage, loss or offence caused or alleged to be caused that may arise from your use of them.
11. DISCLAIMER OF WARRANTIES
11.1 The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. you must bear the risk associated with the use of the internet.
11.2 The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
11.3 We make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
11.4 If we are informed of any inaccuracies in the material on the Website we will correct this as soon as we reasonably can.
11.5 The statements on this Website have not been reviewed nor evaluated by the FDA.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and any liability for fraud or fraudulent misrepresentation.
12.2 We provide you with access to the Website free of charge and subject to section 12.1 above, we will not be responsible for any loss, injury or damage of whatever kind caused in whole or in part by: • your displaying, copying, or downloading any materials to or from the Website; • incompatibility of the Website with any of your equipment, software or telecommunications links; • technical problems including errors or interruptions of the Website; • unsuitability, unreliability or inaccuracy of the Website; and • failure of the Website to meet your requirements.
13. OUR RIGHTS IF YOU BREACH THESE TERMS
13.1 Should you make any illegal and/or unauthorised use of the Website, and/or fail to comply with these Terms, we may take such action as we reasonably determine to be appropriate including amongst other measures temporarily or permanently removing your registration and right to use the Website.
14. WE MAY SUSPEND OR WITHDRAW OUR WEBSITE
14.1 We may suspend or withdraw all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
14.2 We may disable any user identification code or password we have provided to you, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of these Terms.
15. OUR WEBSITE IS ONLY FOR USERS IN THE USA The Website is directed to people residing in the United States of America. We do not represent that content available on or through the Website is appropriate for use or available in other locations.
16. NOBODY ELSE HAS RIGHTS UNDER THESE TERMS Only you and us are entitled to enforce these Terms. No other person will be entitled to enforce any provision of these Terms.
17. WHAT HAPPENS IF PARTS OF THESE TERMS BECOME INVALID? If any part of the Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
18. EVEN IF WE DELAY ENFORCING THESE TERMS, WE CAN STILL ENFORCE THEM LATER Any delay or failure by us in exercising, or any waiver by us of, our rights under or in connection with these Terms will not limit or restrict the future exercise or enforceability of those rights.
19. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER Please Read This Provision Carefully. It Affects Your Legal Rights.
19.1 This section facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy), whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this section (with the exception of the enforceability of section 19.9 below (Class Action Waiver) that may arise between you and us (collectively, the ’Disputes’). ’Dispute’ is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
19.2 This Provision provides that all Disputes between you and us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). BOTH YOU AND WE AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
19.3 Pre-Arbitration Claim Resolution 9 For all Disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute which is first done by contacting Customer Services with the following information: (1) your name; (2) your address; (3) a written description of your claim; and (4) a description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, then you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
19.4 Exclusions from Arbitration/Right to Opt Out Notwithstanding the above, you or we may choose to pursue a Dispute in court and not by arbitration if: (a) the Dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the ’Opt-Out Deadline”’. You may opt-out of this section by contacting Customer Services with the following information: (1) your name; (2) your address; (3) a clear statement that you do not wish to resolve Disputes with us through arbitration. Either way, we will not take any decision you make personally. In fact, we promise that your decision to opt-out of this section will have no adverse effect on your relationship with us. However, we are required to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
19.5 Arbitration Procedures If this Provision applies and the Dispute is not resolved as provided above in section 19.3 (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association (’AAA’), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this section. For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for ConsumerRelated Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules for Emergency Measures of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative procedures or rules apply to the arbitration. Because this Website and these Terms concern interstate commerce, the Federal Arbitration Act (’FAA”’) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
19.6 Arbitration Award The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
19.7 Location of Arbitration You or we may initiate arbitration in either the state of Delaware or the federal judicial district that includes your billing address.
19.8 Payment of Arbitration Fees and Costs 10 So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above in section 19.3 (Pre-Arbitration Claim Resolution) and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
19.9 Class Action Waiver Except as otherwise provided in this section, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and we specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of this section, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of this Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
19.10 No Judge or Jury in Arbitration Arbitration does not involve a judge or jury. You understand and agree that by entering into these Terms, you and we are giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
19.11 Severability If any part of this section 19 (other than the section 19.9 above (Class Action Waiver) is found to be illegal or unenforceable, that part will be severed from this section whose remainder will be given full force and effect. If section 19.9 above (Class Action Waiver) is found to be illegal or unenforceable, this entire section 19 will be unenforceable and the Dispute will be decided by a court.
19.12 Continuation This section shall survive your discontinued use of this Website. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any change to this section, you may reject any such change and require us to adhere to the present language in this Provision if a Dispute between you and us arises.
20. GOVERNING LAW The Federal Arbitration Act, Delaware state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or this Website will be heard in the courts located in Delaware. The proprietary rights, disclaimer of warranties, representations made by you limitations of liability and general provisions shall survive any termination of these Terms.
11 Part 2: GENERAL TERMS AND CONDITIONS OF SALE
1. INFORMATION ABOUT THESE TERMS Why these Terms are important
1.1 These terms and conditions ('Terms of Sale') set out the terms and conditions which apply to Fine Wellness North America, Inc’s (‘us’, ‘we’ and ‘our’) sale of goods and services (together, the ‘products’) to you via our website www.eonlongevity.com ('Website').
1.2 Please read these Terms of Sale carefully before you submit an order to us as they affect your rights and liabilities under law and tell you who we are, how we will provide goods and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 We recommend that you print a copy of these Terms of Sale for your future reference as we will not file a copy of these Terms of Sale specifically in relation to your order. Important parts of these Terms of Sale
1.4 We would especially like to draw your attention to the following sections: • sections 12 (Your rights to end the contract) and 13 (Cancelling and returning products if you change your mind) which sets out your rights to cancel orders placed by you; • section 14 (Our rights to end the contract) which sets out our rights to cancel orders placed by you; • section 15 (Faulty, damaged or incorrect products) which sets out your rights if products are faulty, damaged or incorrect; and • section 16 (Our responsibility for loss or damage suffered by you) which sets out our responsibility to you. Let us know if you have any questions about these Terms of Sale
1.5 If you have any queries regarding these Terms of Sale then please contact our customer services team by logging on to your account via our Help Centre and choosing one of the available contact options (‘Customer Services’).
2. WHO WE ARE AND HOW TO CONTACT US
Who we are
2.1 We are, Fine Wellness North America, Inc., a corporation organized under the General Corporation Law of the State of Delaware.
How to contact us
2.2 To contact us, please contact Customer Services as set out in section 1.5 above.
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us in your order. How can I contact you if I have a complaint?
2.4 We try our best to ensure that your experience as a customer of ours is a positive one and want to hear from you if you have any cause for complaint.
2.5 If you have any queries, complaints or problems with the products, please contact our customer services team by logging on to your account and provide full details of the nature of your complaint.
3. OTHER TERMS THAT MAY APPLY TO YOU
4. YOUR STATUS Confirmation of your status
4.1 By placing an order with us, you are confirming that: • you are legally capable of entering into binding contracts; • you are at least 18 years of age; • you are a consumer (i.e. for private use as opposed to business use); and • the information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity. Do I need to notify you of any changes to my personal information and confirmation?
4.2 You must notify us immediately of any changes to your personal information by contacting our Customer Services as set out in section 1.5 above.
5. HOW WE USE YOUR PERSONAL INFORMATION
5.2 You authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
6. PROTECTING YOUR SECURITY How we validate your payment
6.1 To ensure that your credit, debit or charge card is not being used without your consent, we will validate the name, address and other personal information supplied by you during the order process against appropriate third party databases.
6.2 We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities.
7. OUR PRODUCTS Products may vary from their pictures
7.1 We have made every effort to ensure that the products conform to the photographs and descriptions provided on our Website. However, please note that certain colours may look different to the actual colour of the products, when displayed on an electronic device. Availability of products
7.2 We do not represent or warrant that particular products will be available. Please see section 9.6 (What happens if we cannot accept your order) for information about what happens if the products are not available.
8. OUR RIGHT TO MAKE CHANGES
8.1 We have the right to make minor changes to the products without notifying you in order to: • conform with any applicable safety or other legal or regulatory requirements; or • implement minor technical adjustments and improvements.
8.2 We may also make reasonable changes to the products or these Terms of Sale but if we do so we will notify you and you will have the right to contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
9. OUR CONTRACT WITH YOU How to place an order with us
9.1 Our Website will guide you through the ordering process.
9.2 Before submitting your order to us, you will be given the opportunity to review and amend it. Please ensure that you have checked your order and that you have read these Terms of Sale carefully before submitting your order. If you are unsure about any part of these Terms of Sale, please ask us for clarification. How we accept your order
9.3 Our acceptance of your order will take place when we email you confirming our acceptance (‘Order Confirmation’), at which point a contract between you and us will come into existence.
9.4 Automated acknowledgements of your order which you may receive from us do not amount to our acceptance of your offer to purchase products advertised on our Website. What will the contract cover?
9.5 The contract will relate only to those products confirmed in the Order Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Order Confirmation. What happens if we cannot accept your order?
9.6 If we cannot accept your order, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order. This may be because the product is unavailable or because we have identified an error in the price or description of the product.
9.7 If we have taken payment, we will be refund you as soon as possible (and in any event, within 14 days) for amounts paid for products we cannot supply. Can I make changes to orders accepted by you?
9.8 Before submitting your order to us, you will be given the opportunity to review and change it. Please make sure you have checked your order carefully before submitting your order as once submitted you will not be able to make changes to it. Our goods and services are not for resale
9.9 The products sold on the Website are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
10. DELIVERY Delivery times and costs
10.1 Information about delivery times and costs will be set out at checkout and orders will be delivered to the address you specify. All such delivery times are estimates only and not guaranteed. All goods will normally be dispatched within 5 days of receipt of your order.
10.2 If the products are one-off services, we will begin the services on the date agreed with you during the order process. The completion date for the services is as told to you during the order process.
10.3 While any delivery times provided at order time are estimates only, if your order has not arrived by the estimated delivery date, please contact Customer Services as soon as possible so we can investigate. What happens if you do not collect the goods or are not at home when the goods are delivered?
10.4 If you are not home when the goods are delivered we may leave the goods in a safe location or, if no one is available to accept delivery, re-deliver the goods on a different day. What happens if we fail to deliver the goods in time?
10.5 In the unlikely event that we fail to deliver within the time specified or, if no time has been specified, within 30 days of our Order Confirmation (or as otherwise agreed), you may end the contract if: • failure to deliver was caused by us refusing to deliver your goods; • in light of all relevant circumstances, delivery within that time period was essential; or • you told us when ordering the goods that delivery within that time period was essential.
10.6 If you do not wish to cancel, or none of the circumstances described above apply, you may specify a new (reasonable) delivery date. If we fail to meet the new deadline, you may end the contract.
10.7 If you have the right to end the contract under sections 10.5 or 10.6 you may instead cancel or reject part of your order provided that separating the goods in your order would not significantly reduce their value.
10.8 Any sums that you have already paid for cancelled goods will be refunded to you within 14 days.
10.9 Please note that if any cancelled goods are delivered to you, you must return them to us or arrange with us for their collection within 14 days from the date of cancellation or delivery (whichever is later). In either case, we will bear the cost of returning the cancelled goods. What happens if you do not allow us to provide the services?
10.10 If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and section 14 (Our rights to cancel the contract) will apply. When does delivery take place? 15
10.11 Delivery will be deemed to have taken place when the goods have been delivered to the delivery address specified by you in your order. Who is responsible for the goods during delivery?
10.12 The responsibility (sometimes referred to as ‘risk’) for the goods remains with us until the goods have been delivered to the delivery address specified by you in your order. We accept no liability where you provide an incorrect delivery address or where you fail to collect the goods from the delivery address which you specified. When do you own the goods?
10.13 You own the goods only once we have received payment in full of all sums due (including any delivery charges).
11. PRICE AND PAYMENT Prices and other charges
11.1 All prices (including delivery charges) shown on the Website are exclusive of applicable sales tax, which shall be calculated at check out. We reserve the right to change prices at any time without notice to you (save that any changes will not affect orders in respect of which we have sent you a Order Confirmation). When and how you pay
11.2 Payment can be made by any major credit or debit card or via your ApplePay or GooglePay account. Payment will be debited and cleared from your account on the dispatch of your goods or provision of the service to you.
11.3 You confirm that the credit, debit card, or ApplyPay or GooglePay account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
11.4 If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment within 48 hours. In the event that the payment is still unsuccessful, we will give you at least 48 hours’ notice in advance of any further reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order in advance. What happens if we got the price wrong?
11.5 In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with section 9.3, we are not required to sell the products to you at the price shown.
11.6 We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. In these circumstances, if you cancel your order and you have already paid for the goods (but they have not yet been dispatched), then you will receive a full refund. Discount codes
11.7 We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.
11.8 Please familiarise yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail.
11.9 A copy of the discount code terms and conditions can be obtained by contacting Customer Services.
12. YOUR RIGHTS TO END THE CONTRACT
12.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract: • if what you have bought is faulty or misdescribed, see section 15 (Faulty, damaged or incorrect products); • If you want to end the contract because of something we have done or have told you we are going to do, see section 12.2 below; • if you have just changed your mind about the product, see section 13 (Cancelling and returning products if you change your mind). You may be able to get a refund if you are within the 14 day cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods; • in all other cases (if we are not at fault and there is no right to change your mind), see section 12.3 below. Ending the contract because of something we have done or are going to do.
12.2 If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are: • we have told you about an upcoming change to the product or these terms which you do not agree to (see section 8.2); • we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; • there is a risk that supply of the products may be significantly delayed because of events outside of our control (see section 17 (Events outside of our control) for more information about this); or • we have suspended supply of the products for technical reasons, or notify you that we are going to suspend them for technical reasons, in each case for a period of more than 28 days. Ending the contract where we are not at fault and there is no right to change your mind
12.3 Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract before it is completed, just contact us to let us know. The contract will not end until one day after the day on which you contact us.
12.4 We will refund any advance payment you have made for products which will not be provided to you.
13. CANCELLING AND RETURNING GOODS IF YOU CHANGE YOUR MIND How long have I got to change my mind?
13.1 As you are purchasing the products as a consumer (i.e. for private use as opposed to business use), you have a 14 day right to cancel the contract between us and you for any reason (this is often called the ‘cooling off period’).
13.2 For goods, the 14 day period starts running on the day on which you acquire physical possession of the goods (i.e. the day the goods are delivered to you). If you have ordered multiple products which are delivered on different days, your right to cancel will expire 14 days after the delivery of the last product.
13.3 For services, the 14 day period starts running after the day we email you to accept your order. However, once we have completed the services you cannot change your mind, even if the 14 day period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
13.4 For some products we may give you a longer period during which you can cancel the contract. Please check our Returns Policy for more information about this. How to let us know if you change your mind
13.5 Please see our Returns Policy which sets out information on how you can notify us. Alternatively, you can use our Model Cancellation Form at Part 4. How do I arrange for the products to be returned?
13.6 Please see our Returns Policy which sets out information on how you can arrange for products to be returned to us. You are responsible for the costs of return
13.7 Unless stated otherwise in our Returns Policy, you are responsible for the cost of returning goods. There are circumstances where you may lose your right to cancel
13.8 Please note that you may lose your legal right to cancel if: • we are providing you with services and you have received such services, in which case we can charge you a reasonable amount for the services received up to the time of cancellation; • you have mixed the goods inseparably with another item after delivery; or • the goods were sealed for hygiene reasons and become unsealed after delivery.
Refunds 13.9 Refunds under this section 13 will be issued to you within 14 days from: • the day on which we receive the products back; • the day on which you inform us (with evidence) that you have sent the products back (if this is earlier than the day we receive the products); or • if we have not yet provided any Order Confirmation or have not yet dispatched the products, the day on which you inform us that you wish to cancel the contract.
13.10 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer standard delivery of a product within 3-5 days at one cost but you choose next day delivery instead at a higher cost, then we will only refund what you would have paid for the cheaper delivery option (i.e. standard delivery).
13.11 Refunds under this section 13 will be made using the same payment method that you used when ordering the products, unless you specifically request that we make a refund using a different method and that request can be facilitated. We may reduce the refund if you have used the product
13.12 Refunds may be reduced for any diminished value in the products resulting from your excessive handling of them (e.g. more than would be permitted in a shop). If we issue a refund before we have received the products and have had a chance to inspect them, we may subsequently charge you an appropriate sum if we find that the products have been handled excessively.
13.13 Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
14. OUR RIGHTS TO END THE CONTRACT 18 We may end the contract if you break it
14.1 We may end the contract for a product at any time by writing to you if: • you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; • you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; • you do not, within a reasonable time, allow us access to your premises to supply the services. You must compensate us if you break the contract
14.2 If we end the contract in the situations set out in section 14.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. We may withdraw the product
14.3 We may write to you to let you know that we are going to stop providing the product. We will provide reasonable notice in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
15. FAULTY, DAMAGED OR INCORRECT GOODS Your remedies where goods are faulty, damaged or incorrect
15.1 If any products you have purchased have faults or are damaged when you receive them, or if you receive incorrect or incorrectly priced goods, please contact us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for one or more of the following remedies: • 30 day period to reject: Beginning on the day that you receive the goods you have a 30 day period to reject the goods and to receive a full refund (this is called the ‘short term right to reject’). Please note if any of the goods are of a kind that can reasonably be expected to perish after a shorter period, the time limit for exercising the short-term right to reject in relation to those goods is the end of that shorter period; • Repair or replacement: If you do not wish to reject the goods, or if the short term right to reject has expired, you may request that the goods be replaced or repaired. We will bear any associated costs and will provide the repair or replacement (as applicable) within a reasonable time and without significant inconvenience to you. • Refund: In certain circumstances, where a repair or replacement is impossible or disproportionate, we may instead offer you a full refund. In addition, if we have repaired or replaced the goods and they still do not conform then you may either to keep the goods at a reduced price, or reject them in exchange for a refund (this is called the ‘final right to reject’).
15.2 Please note: • if you are exercising your short term right to reject, it will be your responsibility to prove that the products are defective, faulty or incorrect. Similarly it will also be your responsibility to prove that the goods are defective, faulty or incorrect once 6 months have passed since you received the goods; and • if you exercise the final right to reject the goods (as described above) more than 6 months after you have received the goods, we may reduce any refund to reflect the use that you have had out of the goods; and When are you not able to claim for faulty, damaged or incorrect goods?
15.3 You will not be eligible to claim under this section if: 19 • we informed you of the fault(s), damage or other problems with the goods before you purchased them (and it is because of the same issue that you now wish to return them); • you have purchased the goods for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the goods for that purpose; or • if the problem is the result of normal wear and tear, misuse or intentional or careless damage.
15.4 Please also note that rights set out in this section 15 do not allow you to return the goods because you have changed your mind. Please instead refer to section 13 (Cancelling and returning goods if you change your mind) which sets out information about your rights if you change your mind. Your remedies where there is a problem with services received by you
15.5 If there is a problem with a product which is a service, please contact us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for one or more of the following remedies: • you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it. • if you haven't agreed a price beforehand, what you're asked to pay must be reasonable. • if you haven't agreed a time beforehand, it must be carried out within a reasonable time. How do I return faulty or incorrect goods to you
15.6 Please see our Returns Policy for details as to how to return goods to us under this section 15. We will be fully responsible for the costs of returning goods under this section 15 and will reimburse you where appropriate. Refunds for faulty, damaged or incorrect goods
15.7 Refunds under this section 15 will be issued within 14 days of the day on which we agree that you are entitled to the refund.
15.8 Any and all refunds issued under this section 15 will include all delivery costs paid by you when the goods were originally purchased and will be made using the same payment method that you used when ordering the goods.
16. OUR RESPONSIBILITY FOR LOSS AND DAMAGE SUFFERED BY YOU
16.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes death or personal injury caused by our negligence (including that of our employees or sub-contractors for whom we are vicariously liable) or for fraud or fraudulent misrepresentation. We are not responsible for loss which is not foreseeable
16.2 If we fail to comply with these Terms of Sale, we shall only be liable to you for losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the contract is created.
16.3 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website. We are not responsible for any reaction or damage caused by the products
16.4 We have done our very best to qualify eon under clinical conditions. As all humans are unique, reactions or side effects may occur that were not observed in clinical trials. We accept no responsibility for any such reactions or side effects that may occur as a result of your use of the products. 20 We only supply goods for domestic and private use
16.5 We only supply the goods for domestic and private use. If you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.
17. EVENTS OUTSIDE OF OUR CONTROL
17.1 We are not responsible for any failure or delay in performing our obligations where that failure or delay results from any event that is outside of our control. Such events include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, subsidence, acts of terrorism or war, governmental action, pandemic, other natural disaster, or any other event that is beyond our control.
17.2 If we are delayed or fail to perform our obligations as a result of an event outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If there is a risk of substantial delay then you may contact us to end the contract and receive a refund for any goods you have paid for but have not received.
18. WE MAY TRANSFER THESE TERMS TO SOMEONE ELSE We may transfer our rights and obligations under these Terms of Sale to another person or organisation.
19. YOU MAY ONLY TRANSFER THESE TERMS AND CONDITIONS IF WE AGREE You may only transfer your obligations and rights under these Terms of Sale if we agree in writing.
20. NOBODY ELSE HAS RIGHTS UNDER THESE TERMS Only you and us are entitled to enforce these Terms of Sale. Nothing in these Terms of Sale shall give, directly or indirectly, any third party any enforceable benefit or any right of action against us and such third parties shall not be entitled to enforce any term of these Terms of Sale against us.
21. INVALID PARTS OF THESE TERMS If any part of the Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions of the Terms of Sale.
22. EVEN IF WE DELAY IN ENFORCING THESE TERMS, WE CAN STILL ENFORCE THEM LATER Any delay or failure by us in exercising, or any waiver by us of, our rights under or in connection with these Terms of Sale will not limit or restrict the future exercise or enforceability of those rights.
Part 3: RETURNS POLICY Our Returns Policy forms part of, and must be read in conjunction with, our Terms of Sale which applies. We reserve the right to change this Returns Policy at any time.
24. RETURNS POLICY - ALL OTHER PRODUCTS Our Returns Policy is really simple!
24.1 When you receive your item, you must check it as soon as possible following receipt and always before use.
24.2 Please ensure that a returns authorisation number is obtained before attempting to return any items to us (please see the section headed 'What to do to return your item to us'). Your right to change your mind.
24.3 We've all done it, ordered something and then realised later that it is no longer needed. You have 14 days to return your order, which starts on the day after you received the item. How do I return my product?
24.4 It's so simple, please follow the steps set out below (please see the section headed 'What to do to return your item to us'). Do you need me to do anything else?
24.5 All items must be returned unused and in the original packaging as they were in when received by you. Please ensure that when you receive an item that you take reasonable care of it when trying it on or inspecting it and that any security seals or tags are still intact.
25. WRONG ITEM RECEIVED
25.1 We apologise if you have received the wrong item by mistake. To receive a refund or a replacement, you must return the item in the same condition you received it.
25.2 This is not common and we want to resolve this as quickly as possible for you so please let us know within 14 days from the day on which you received the item. If you notify us after this then depending on the circumstances we may not be able to refund or offer a replacement.
26. DAMAGED, FAULTY, INCORRECT OR MISSING ITEMS
26.1 Please accept our apologies if you have received an item that is damaged or faulty. We understand how frustrating this can be and want to resolve this as quickly as possible for you.
26.2 If you believe that the item is faulty, please contact us. You will need to tell us exactly what the fault is and as soon as possible after discovering the fault and we will advise what to do next.
26.3 For more information about your rights and the remedies available to you please see section 15 of our Terms of Sale.
27. ITEM NOT RECEIVED We apologise if you have not received your item. This is not common and we want to resolve this as quickly as possible for you so please let us know within 21 days from the day on which you received an email from us confirming that the item had been dispatched. If you notify us after this then depending on the circumstances we may not be able to offer a refund or replacement.
28. WHAT TO DO TO RETURN YOUR ITEM TO US
28.1 To return your item, you will need to register your return by logging on to your account, selecting your order and clicking the ‘Return’ button where you will be guided through the process. Alternatively you can use our Model Cancellation Form in Part 4.
28.2 Once you have processed your return online you have a further 14 days to return your item to us. Please make sure your items are securely wrapped and your parcel contains all the information requested.
28.3 Remember to ask for a receipt as proof of sending. Proof of postage does not cost anything however without it, we may not be able to process your refund or replacement in the rare event that your item is lost in transit.
28.4 If you have any queries or need any help then please contact Customer Services.
29. WHAT HAPPENS IF I REQUEST A REPLACEMENT AND IT ISN’T AVAILABLE?
29.1 If you request a replacement and the product is no longer available, we will process the refund back to the original credit/debit card/ApplePay/GooglePay account used to purchase the item.
29.2 Any item you have accepted and then return is your responsibility until it reaches our warehouse. Please therefore ensure that you send your item back to us using a delivery service that insures you for the value of the goods.
30. WHAT WE'LL DO NEXT
30.1 Once we have processed your return you will receive a notification via email.
30.2 All successful returns will be credited to the original method used for payment. Please note refunds can take 3 to 5 working days (Monday to Friday, excluding bank holidays) to show in your account and all refunds will be made within 14 days according to the Terms of Sale.
31.1 If you are not satisfied with the way in which we have handled the return, replacement or repair of any item, we apologise. We want to resolve the matter. Please contact Customer Services to resolve.
Part 4: MODEL CANCELLATION FORM (Complete and return this form only if you wish to withdraw from the contract)
To: eon (via The Hut Group) Address: 06-101, 115 Broadway, New York, NY 10006.
Telephone: +1 833 427 0867
Email: [email protected]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],ordered on [*]/received on [*],
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
[*] Delete as appropriate