Terms and Conditions of Use
Last Update: 8/22/12
Welcome to the Thermoblackx.com website (the “Website“) a member of the CleanHealthNutrition family of Internet properties. These Terms and Conditions of Use is a legal agreement (the "Agreement") between You, the individual, company, or organization ("you," "your", or "Customer") and Hyperion Management, LLC. ("we," "our," or "Company") which operates CleanHealthNutrition.com. This Agreement sets forth the rights and responsibilities of both you and our Company regarding the use of our Website.
By accessing, registering, or placing an order from our Website, you are agreeing to be bound by this Agreement and are becoming a party thereto. Please take the time to read this Agreement in full. If you do not agree to the terms and conditions (“Terms“) of this Agreement, do not use this Website or order product from us. Your use of this Website means that you agree to the Terms of this Agreement. From time to time we may revise this Agreement. For your convenience we will change the “Last Updated” date above to reflect changes to this Agreement. It is your sole responsibility to review this Agreement for changes prior to use of the Website.
This Agreement and the transactions made through our Website are governed by the Electronic Signatures in Global and National Commerce Act. When you place an order by clicking any button containing the words “Submit,” or “Order Now,” or “Confirm Order,” or similar syntax, you manifest your agreement to the terms and conditions in this document and you are deemed to have read and agreed to the terms and conditions in this document. By placing an order, you are electronically singing your order and authorizing us to charge payments against your debit or credit card that you provided. If you do not agree to be bound by these Terms, you may not access or use the Website, or purchase any product(s) through the Website. It is suggested that you print this form for your personal records.
2. WEBSITE ORDER TERMS
When you place an order from our Website, you will be presented with the total amount of all relevant charges which will vary depending upon your order. For example, on all orders you will clearly see the product cost, the shipping and processing cost, any discounts, and, if applicable, the sales tax cost. Please note, by law we must collect sales tax on all orders placed by residents of Arizona.
3. ORDER PROCESSING AND SHIPPING TIMES
Your order will be processed and shipped within 1-3 business days from the date of order. Normal operating business hours are Monday through Friday 7 am - 5 pm PST (excluding holidays). For any products not in stock at the time of your order shipment will be processed immediately upon receiving and will be no additional charge for shipping. Shipping times will vary depending upon the selected shipping option.
4. APO, FPO &PO BOX ADDRESSES
Orders being shipped to APO, FPO or PO Box can incur additional shipping times. We estimate 5 to 7 business days for delivery once the order has been shipped; however, some destinations may take up to 21 days.
5. INTERNATIONAL ORDER PROCESSING AND SHIPPING TIMES
Your order will be processed and shipped within 1-3 business days from the date of your order. Normal operating business hours are Monday through Friday 7 am - 5 pm (UTC -7) (excluding holidays). If any product you ordered is not in stock at the time of your order, we will inform you and hold your order until it can be fulfilled in full. CleanHealthNutrition.com does not ship partial orders internationally. Delivery times are determined by mailing days and do not include order processing times. All international orders may be subject to customs clearance procedures which can cause delays in delivery times in addition to the estimated delivery time.
International customs, duties and taxes:
When placing an order for delivery outside of the United States, the recipient of the order is responsible to pay all charges associated with import taxes, customs duty or other fees levied upon the shipment by the destination country. Please note that CleanHealthNutrition.com is required by international law to declare the full value of all products shipped and to provide a detailed description of the contents of the shipment for customs clearance. This information will be evaluated by the destination country’s custom agency. It is your responsibility before you place your order to ensure that the items purchased from CleanHealthNutrition.com can be lawfully imported to the destination country or if any licenses or permits are needed.
International order disclaimer:
CleanHealthNutrition.com shall not be held responsible or become liable to you for orders placed for delivery outside of the United States that violate the destination country’s import laws or that become sized or halted for any other reason. If any product is returned to CleanHealthNutrition.com due to an address error or any other error made by the customer or if the customer refuses to accept delivery, CleanHealthNutrition.com will issue the customer a refund less a 20% restocking fee and less any return shipping costs or fees. If the return shipping cost is greater than the cost of good ordered, CleanHealthNutrition.com will instruct the shipping carrier to abandon the package. If this occurs, the customer will not receive any refund. CleanHealthNutrition.com will not issue any customer refunds for shipments that have been destroyed by customs or that was not returned to CleanHealthNutrition.com for any other reason.
All additional charges for duties or taxes that may apply are the responsibility of the customer.
Product Exchanges: To return a product for an exchange due to shipping damage you will first need to obtain a Return Merchandize Authorization ("RMA") number. You must request your RMA number within 60 calendar days of receipt of your product. We will not authorize RMA numbers or accept exchanges if you do not request an RMA number within 60 calendar days of receipt of your product.
1 (800) 259-6817
NOTE: We reserve the right to fully inspect returned product for damage and it is in our sole discretion to determine if the product is in fact damaged. Damaged product is only eligible for exchanges or refunds.
Product Returns: To return products for a refund (less S&H) you must first request an RMA number. Refunds are only allowed on returned product that is unused and unopened. No exceptions. You must request your RMA number within 60 calendar days of receipt of your product. We will not authorize RMA numbers or accept returns for refund if you do not request an RMA number within 60 calendar days of receipt of your product.
To obtain an RMA number you must contact customer service at 1 (800) 259-6817 or RMA@cleanhealthnutrition.com. Your RMA number will be generated and emailed to you immediately (Please be sure to check your Spam folder.) You must return all products within 15 calendar days of receipt of your RMA number. We will not process any product returns not received within 15 calendar days from the issuance of your RMA number. We recommend that you return your product using a shipping service that provides a tracking number to ensure it is received by us on time. Please allow 10 business days to process your return. We will send you a confirmation email that we received your product and we will send you an email when your refund has been issued.
We will not process, accept, or exchange product marked "Return to Sender" or product that does not include your RMA number. Without an RMA number on your package, we will be unable to associate the returned product with your account.
To ensure that your account is correctly noted, you must send back product returns to the address provided below along with your RMA number written clearly above the address as exemplified below. Please be sure to write your RMA number legibly in order for us to properly apply it to your account. Returned Products must be sent to the following address:
3780 Old Norcross Rd, Ste 103
Duluth, GA 30096
7. CUSTOMER SERVICE INFORMATION
To contact our Customer Service Department, please email help@CleanHealthNutrition.com. Please allow 24 hours for our Customer Service Department to respond to your inquiry. Your inquiry will be processed in the order it was received. You may also contact Customer Service by calling 1 (800) 259-6817.
8. BILLING ERRORS
If you believe that you have been billed in error, please contact our Customer Service Department at help@CleanHealthNutrition.com immediately. Please allow 24 hours for our Customer Service Department to respond to your inquiry. Your inquiry will be processed in the order it was received. If we do not hear from you within 30 days after such billing error first appears on any account statement, the billing will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You are deemed to have released Company from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Company within 30 days of its appearance on your credit card account statement.
9. OUR REPRESENTATIONS; PRODUCT DESCRIPTIONS
It is our Company mission to provide our customers with the finest products available. We want you to have the most accurate information concerning the product. The information we communicate to you about the product and/or its efficacy is obtained from manufacturers, independent third parties such as educational institutions, scientific news articles and agencies, nutritional specialists, scientific reports and researchers ("Information Sources"). We do not warrant or represent that Information Sources are not error-free, nor do we warrant any Information Source or the methods that they use to arrive at their conclusions. All product specifications, performance data and other information on our Websites are for informational and illustrative purposes only, and do not constitute a guarantee or representation that the product will conform to such specifications or performance data. We do not guarantee that you will have any specific or particular result or benefit from the product, or that your experience will match those of others who use the product.
10. YOUR REPRESENTATIONS
You represent that you are at least 18 years of age and that you will not permit a person under 18 to order, or use, any product. You represent that the information provided by you when placing your order is up-to-date, materially accurate and sufficient for us to fulfill your order in a timely and efficient manner. You are responsible for maintaining and promptly updating your account information with us and keeping such information (and any passwords given to you for the purposes of accessing the Website and/or purchasing products) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to the product only extend to you on the understanding that you are the end user and not a reseller of any product. We do not authorize you to resell, redistribute or export any product that you order from the Website. You agree to pay for the product and any taxes, shipping or handling of product as such costs are specified by us on the Website when you submit your purchase order. Payment shall be made prior to delivery of the product and by such methods as indicated on the Website (and not by any other means unless we have given our prior consent to such alternative payment methods).
11. LIABILITY LIMITATION
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT COMPANY WAS AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCTS YOU ORDERED. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. THE PRODUCTS ARE SOLD AND DELIVERED TO YOU "AS IS" WITH NO WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
You agree to defend, indemnify, and hold harmless Company, its officers, directors, members, 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 of 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 compensation from you.
Any notice or other communications arising in relation to this Agreement shall be given by sending an e-mail to the latest email address that one party has notified in writing to the other. In the case of sending notices to you, Company will use the email address you provided to Company when you ordered your product. Such notices or communications (where properly addressed) shall be considered received on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of forty-eight (48) hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
We reserve the right to terminate your access to or use of this Website and/or your subscription to the product should we believe that you have violated any of the terms of this Agreement or if we believe you have sought, in bad faith, charge backs, credit backs, cash back points, product returns, discounts or any other conduct designed to injure, harass or disrupt this Website or the Company's business operations.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
16. SALES TAX
If you purchase any products available on our Website, you will be responsible for paying any sales tax indicated on the Website.
17. INTELLECTUAL PROPERTY RIGHTS
The Website, its content and compilation of content is owned by Company or its affiliates or agents and is protected by United States Copyright Act of 1976, as amended, and the copyright laws of other countries. All content, logos, designs and icons, unless noted otherwise, are proprietary to Company or its affiliates or agents. The materials provided in this service, including graphic images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written permission, except that you may download, display, or print one copy of the materials on a single computer solely for your personal, non-commercial, home use, provided that you keep intact all copyright, trademark, and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Company, its affiliates' or its third party information providers' copyrights and other proprietary rights.
Choice of Law/Venue. This Agreement is governed by and construed under the laws of Cyprus. The federal and state courts of Cyprus will have exclusive jurisdiction to adjudicate any non-arbitrable dispute arising out of this Agreement. Assignment. This Agreement and the rights and liabilities of the parties hereto inure to the benefit of their respective successors and assigns. Company may assign this Agreement to any successor entity. Customer may not assign without the written permission of Company. Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
Attorneys' Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney's fees and costs incurred in connection therewith, including attorneys' fees incurred on appeal.
No Waiver. No waiver of or by Company shall be deemed a waiver of any subsequent default of the same provision of this Agreement.
Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
Modifications. Company 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. Company does not and will not assume any obligation to provide you with notice of any change to this document and you acknowledge and agree to same. Unless accepted by Company in writing, you may not amend these terms and conditions in any way.
Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Website and your ordering and use of the product, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters. If you have any questions about this Agreement, please contact our Customer Service Department at help@CleanHealthNutrition.com.
8902 E. Via Linda Ste. 110-174
Scottsdale, AZ 85258
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