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Health and Beauty, Inc
Terms and Conditions
Use Of This Website Is Subject To The Following Terms
and Conditions
You must read and agree to these Terms and Conditions before placing your order for
Health and Beauty, Inc. By placing your order for Health and Beauty, Inc you agree to be
bound by the following Terms and Conditions: THIS DOCUMENT CONTAINS AN
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR
LEGAL RIGHTS. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS
DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY
PRODUCT THROUGH THE WEBSITE.
Disclaimer
I understand that he statements made about Health and Beauty, Inc or any other product
mentioned on this web site have not been evaluated by the Food and Drug Administration
and are not intended to diagnose, treat, cure or prevent any disease. I understand that the
information on this web site is provided for educational purposes only and is not intended
to be a substitute for informed medical advice or care. Health and Beauty, Inc or any of the
products mentioned on this web site are not intended or to be used to treat any disease or
medical condition. The products are not intended for use by any individual under 18 years
of age and pregnant or lactating women. People with the following conditions should
contact a Doctor before consuming this product. High blood pressure, heart, liver, kidney
or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a
family history of these or other medical conditions, or if taking any prescription, OTC
and/or other herbal medications.
Arbitration Agreement and Class Action Waiver
You and Health and Beauty, Inc agree that any dispute between us (including disputes
against any agent employee, subsidiary, affiliate, predecessor in interest, successor, or
assign of the other) relating to Our Website, the services provided through Our Website,
any transaction or relationship
between us resulting from Your use of Our Website, communications between us, or the
purchase, order, or use of Our products, will be resolved exclusively and finally by binding
arbitration and the arbitration decision may be enforced and judgment entered thereon in
any court of competent jurisdiction. You and Health and Beauty, Inc agree that this
arbitration agreement is made pursuant to a transaction involving interstate commerce and
shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law
concerning arbitration. You and Health and Beauty, Inc further agree that any
determination regarding the applicability, enforceability, or validity of this arbitration
agreement will be made by the arbitrator, not by any court.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR
RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration,
a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge
or jury. Arbitration is more informal, however, an arbitrator can award the same relief that
a court can award. The arbitration will be administered by the American Arbitration
Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the
Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”)
then in effect at the time of the dispute. You may obtain copies of the AAA Rules and
forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org,
or by calling AAA at 718-304-0084. If you initiate an arbitration, Health and Beauty, Inc will
promptly reimburse you for any standard filing fee which may have been required by AAA
once you have notified Health and Beauty, Inc in writing and provided a copy of the
arbitration proceedings. However, if Health and Beauty, Inc is the prevailing party in the
arbitration, applicable law may allow the arbitrator to award attorney’s fees and costs to
Health and Beauty, Inc. If for any reason the AAA is unavailable, the parties shall mutually
select another arbitration forum.
There shall be no right or authority for any claim to be arbitrated on a class action basis or
in a purported representative capacity. No claim submitted to arbitration is heard by a jury
or may be brought as a private attorney general. You do not have the right to act as a
class representative or participate as a member of a class of claimants with respect to any
claim submitted to arbitration. The arbitrator may not consolidate more than one person's
claims against Health and Beauty, Inc and may not preside over any kind of representative
or class proceeding against Health and Beauty, Inc, its agents, officers, shareholders,
members, employees, subsidiaries, affiliates, predecessors in interests, successors and/or
assigns. You acknowledge that this class action waiver is material and essential to the
arbitration of any disputes between the parties and is nonseverable from the agreement to
arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be
enforced, then the parties' agreement to arbitrate shall be null and void. YOU
UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH
CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST
Health and Beauty, Inc, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS,
EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST,
SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR
REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION
AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING.
Ordering Products Through The Website; Policies.
If you have any questions please contact Our Customer Service Department toll-free at
718-304-0084. Our Customer Service Department is open Monday thru Friday 7am-4pm
and Saturday to Sunday from 8am-12pm Pacific Standard Time.
Our product is offered as a trial order. Please take a few minutes to read the following as
when you order Garcinia Cambogia you automatically accept the following terms and
conditions. Try Garcinia Cambogia by just paying a small shipping and handling fee. Your
credit card will be charged $4.95 for shipping
& handling for a 1 Month Supply of Garcinia Cambogia. You will have 14 days from your
original order date to decide if Garcinia Cambogia is right for you. If you are enjoying
Garcinia Cambogia do nothing and at the end of your 14 day trial period you will be
charged the low rate of only $82.97 for the bottle you received.
Approximately 45 days from your original purchase date and every 30 days thereafter you
will be sent another 1 month supply of Garcinia Cambogia and your credit card on file will
be billed for $82.97. You may cancel your membership at any time by simply contacting
customer service. Please note that, most customers see most noticeable results by using
Garcinia Cambogia consistently for 3 months. You may contact our customer service
department via postal mail, email, or by using our toll free phone number. Customer
Service: Customer service hours are 7am - 4pm, Monday through Friday and Saturday to
Sunday from 8am to 12pm (USA-Eastern Standard Time).
I UNDERSTAND THAT THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE
OPTION, AND THAT I MAY BE LIABLE FOR PAYMENT OF FUTURE GOODS AND
SERVICES UNDER THE TERMS OF THIS AGREEMENT IF I FAIL TO NOTIFY THE
SUPPLIER NOT TO SUPPLY THE GOODS OR SERVICES DESCRIBED. Regardless of
whether you cancel your order in a timely fashion or not, you will be responsible to pay the
shipping and handling charges associated with your product (currently $4.95). You agree
that we can charge your credit card for this amount, and you agree to pay such amount
regardless of whether you cancel your order in a timely fashion or not.
*7.75% State Sales Tax will be applied to all orders shipped to California(CA).
Shipping:
All orders are shipped via United States Postal Service First Class Mail. We ship the day
after you place your order. Orders placed on the weekend will be shipped the following
business day. Packages will arrive within 3-5 business days. Please be advised that
shipments are not sent out on Saturdays, Sundays, or any Holidays. We do not guarantee
arrival dates or times.
Refunds and Returns
If you are not satisfied with your trial for any reason, simply contact us within
14 days of placing your order. You are required to contact customer service
no later than the 14th day of your trial period to ensure you are not billed any further
charges. Please allow 3-4 business days for refunds to process. To return a product, you
will need to contact us at 718-304-0084 Monday to Friday from 7am to 4pm and Saturday
to Sunday from 8am to 12pm PST. Please note that we are not responsible for lost or
stolen items. Failure to
use the product(s) does not constitute a basis for refusing to pay any associated charges
(i.e. trial charge). We will not provide any refunds or accept any returns for any
cancellations made more than 15 days after placing Your order.
Cancellation of Future Orders.
If You wish to cancel future deliveries of Product You must contact Our Customer Service
at 718-304-0084 Monday to Friday from 7am to 4pm and Saturday to Sunday from 8am to
12pm PST and request that such future shipments be terminated. When emailing us,
please include your full name and address, as well as the name of the Product(s) that you
ordered. Your request for termination, whether by phone or email, will be processed
immediately; however, You will be responsible for payment for any Product that has either
A) already been shipped to You or B) already been delivered to you at the time of your
call.
Reversals and Charge backs
We consider charge backs and reversals as potential cases of fraudulent use of our
services and/or theft of services and as such will be treated. We reserve the right of filing a
complaint with the appropriate local and federal authorities to investigate. Be advised that
all activity and IP address information is being monitored and that this information may be
used in a civil and/or criminal case(s) against a client if there is fraudulent use and or theft
of services.
These Terms and Conditions represent the entire purchase agreement. By using this web
site, you agree that you have received legal notification of it.
Intellectual property
The Web site, and all images and content of this web site, are the sole and exclusive
property of Health and Beauty, Inc. No license or ownership rights in or to any of the
materials are conveyed to you by virtue of this agreement or by your purchase of any
product from the web site. All the information, graphics and written materials of this web
site is protected by the copyright and trademark laws of the United States. None of the
materials may be reproduced without our previous consent in writing.
This site is not endorsed or affiliated by any of the aforementioned news agencies or
social networks. All trademarks, logos, and service marks (collectively the "Trademarks")
displayed are registered and/or unregistered Trademarks of their respective owners.
Representations
You hereby represent and warrant that:
1. You are age eighteen (18) or older.
2. You have read this Agreement and thoroughly understand the terms contained.
3. You further represent that Health and Beauty, Inc has the right to rely upon all
information and may contact You by email, telephone or postal mail for any
purpose regarding the use of this web site
Waiver and Limitation of Liability
You agree to defend, indemnify and hold harmless us and our directors, officers, agents,
and employees for any and all costs, fines, claims, damages, charges, or fees (including
reasonable attorney's and expert witness' fees) arising by reason of your purchase or use
of the web site or arising from: Any breach of the agreement. Any claims arising from the
sale or license of goods or services promoted or made available through this program
except where limited by law. Our indemnity rights shall not be limited or offset by any
contributory negligence by us.
No failure to enforce any provision, assert any right or insist on performance of any
provision under this Agreement in any instance shall be deemed a waiver of the ability to
enforce such provision, assert such right, or insist on the performance of such obligations
in the future. Our failure to enforce your strict performance will not constitute a waiver of
our right to subsequently enforce such provision or any other provision of this Agreement.
Entirety of 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 products, and supersedes
and replaces all prior understandings or agreements, written or oral, regarding such
subject matters.
By accessing and using this web site, you agree that your access to and use of this web
site is subject to these terms and conditions, as well as all applicable laws, as governed
and interpreted pursuant to the laws of The United States of America.
Billing & Customer Support
We welcome all support inquires by the following methods:
Phone Support: 718-304-0084
Email Support: [email protected]
Health and Beauty, Inc
38 Fawn Lane,
Staten Island, NY 10306
© 2015 Health and Beauty, Inc.com - Revised March 29, 2015