1.1 You expressly agree and accept the Conditions set forth herein unconditionally as a binding contract ("the Agreement") enforceable by law. The following are the terms and conditions of participation in the Holistic Fruits & Veggies or Subscription ("Subscription"). All such references to Subscription or Product combined shall be ("Product"). "Customer", "I", "You" or "Your" refers to you.
2.1 We will observe applicable data protection laws and will not use information that does or can be used to personally identify You ("Personal Data") other than as set out in Our Privacy Policy ("Privacy Policy"). By submitting Your Personal Data in relation to Your order, You consent to such Personal Data being processed to fulfill Your order and in accordance with such Privacy Statement.
3.1 I understand that I will be billed $59.99 every 28 days and shipped a new bundle of Fruits and Veggie Supplements. I can cancel at any time, subject to the provisions of section 3, without further obligation by emailing support@fruitsandveggiesoffer.com or by calling 1-800-793-6151. On the 28th day after your initial order (if you have not called us to cancel) and ever 28 days thereafter, we will process payment for $59.99 for your monthly auto shipment and ship you a new bundle of Fruits and Veggies Supplements.
3.2 REFUND POLICY. This exclusive offer is being made available to those persons willing to evaluate the product and determine its effectiveness. Customer agrees to try the product and evaluate its performance before requesting a refund or cancellation. Please call Customer Care at 1-800-793-6151 to make arrangement to receive Your refund. Shipping and handling fees are non-refundable.
3.3 You explicitly agree to the following statement: "I UNDERSTAND 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."
3.4 RMA (Return Merchandise Authorization) numbers are required for all returns and are available upon request by calling customer service. RMA numbers will be issued within 2 business days. Returns are subject to a $9.97 restocking fee. Return products in their original, unopened package within 30 days of shipment to:
C/O Holistic Fruits & Veggies LLC
3.5 Persons with a medical condition, who are pregnant, or have reason to believe they may become pregnant in the next 60 days should not order this product. Refunds will not be accepted and refunds will not be given for these reasons. You must consult a physician prior to placing an order if you are unsure about whether you can take this product.
4.1 You expressly agree to submit in writing any objection regarding fees to:
C/O Holistic Fruits & Veggies LLC
4.2 Holistic Fruits & Veggies, in its sole discretion, shall determine the validity of Your objection and notify You of its decision. Should You disagree with Holistic Fruits & Veggies’s decision, You agree to mediate the dispute before litigation.
4.3 You agree to indemnify for any financial harm or any losses caused by Your objections to fees that does not comply with this Section. You will be held responsible for the reimbursement of any fees and losses incurred as a result of Your failure to comply with any provision in this Agreement.
4.4 Credit Card Billing Customer expressly agrees that if Customer pays by credit card, check or demand debit, Customer shall abide by the following statement: "I hereby authorize to initiate debit/credit entries to my bank deposit account or credit card."
5.1 Any prices, quotations and descriptions made or referred to on this Site are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of Your order (as described below).
5.2 While we make every effort to ensure that items appearing on the Site are available, we cannot guarantee that all items are in stock or immediately available when you submit your order. We may reject Your order (without liability) if We are unable to process or fulfill it. If this is the case, We will refund any prior payment that you have made for that item.
5.3 An order submitted by You constitutes an offer by You to Us to purchase the Subscription on these Conditions and is subject to Our subsequent acceptance.
5.4 Prior to such acceptance, an automatic email acknowledgement of Your order may be generated. Please note that any such automatic acknowledgement does not constitute a formal acceptance of Your order.
5.5 Our acceptance of Your order takes effect and the contract concluded at the point where such offer is expressly accepted by Us dispatching Your order and accepting Your credit card or other payment ("Acceptance").
5.6 We may keep records of orders received, acknowledgements, acceptances and other contract records for a reasonable period after Acceptance. We may be able to provide You with copies on written request; however You must make sure you print a copy of all such documents and these Conditions for your own records.
6.1 You represent that the information provided by You when placing Your order is up-to-date, materially accurate, and is sufficient for Us to fulfill your order. You are responsible for maintaining and promptly updating Your account information with Us for accuracy and completeness and keeping such information (and any passwords given to You for the purposes of accessing the Site and/or purchasing Products) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to Your purchase only extend to You on the understanding that You are a user and not a reseller of the Product.
6.2 No warranty, commitment or any other obligation should ever be assumed by You on Our behalf or on behalf of a Product manufacturer, licensor or supplier without Our express prior written consent.
6.3 PRICE AND TERMS OF PAYMENT (NOTE: WE CANNOT CONFIRM PRICES PRIOR TO ACCEPTANCE OF YOUR ORDER)
6.4 Prices payable for the Product are those in effect at the time of dispatch or delivery, unless otherwise expressly agreed. Prices may be indicated on the Site or an order acknowledgement but the authoritative price in the event of any discrepancy, is the price that is notified to You on Our Acceptance.
6.5 We have the right at any time prior to Our Acceptance to withdraw any discount and/or to revise prices to take into account increases in costs including (without limitation) costs of any materials, carriage, labor or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. We also reserve the right to notify You of any mistakes in Product descriptions or errors in pricing prior to product dispatch. In such event if you choose to continue with fulfillment of the order, You acknowledge that the Product or Service will be provided in accordance with such revised description or corrected price.
6.6 The places that we deliver to are listed on the Site ("Territory"). Unless otherwise specified, prices quoted are: exclusive of the costs of shipping or carriage to the agreed place of delivery within the Territory (charges for which are stated on the Site); and exclusive of VAT and any other tax or duty which (where applicable) must be added to the price payable.
6.7 You agree to pay for taxes, shipping or carriage of Products as such costs are specified by Us on the Site when You submit Your purchase order. Payment shall be made prior to delivery and by such methods as are indicated on the Site (and not by any other means unless we have given our prior agreement).
6.8 Except as expressly provided elsewhere in these Conditions or the Site, payment may be taken in full notwithstanding any claim for short delivery or defects.
6.9 We will charge credit or debit cards on dispatch of the Product or commencement of Services. We reserve the right to verify credit or debit card payments prior to Acceptance.
6.10 Where the payment is invoiced, each invoice shall be due on and made in full within thirty (30) days of the date of relevant invoice. If at any time you fail to pay any amount due on the relevant due date, We may by notice declare all invoiced amounts unpaid at that date to be immediately due and payable. No counterclaim or set-off may be deducted from any payment due without our written consent. We may also take action against You for the price of Products at any time after payment has become due even though property in those Products may not yet have passed to you.
6.11 Any extension of credit allowed to You may be changed or withdrawn at any time. Interest shall be chargeable on overdue amounts accruing on a daily basis at the maximum amount permitted under applicable law from the due date for payment until our receipt of the full amount (whether before or after judgment). You shall indemnify Us on demand against any out of pocket expenses incurred in relation to recovery of any overdue amounts.
7.1 If You commit an act of bankruptcy or enter into a deed of arrangement with creditors or a court order for winding-up is made against You or You take or suffer any similar action in consequence of debt or We have cause to believe that You are unable to pay Your debts as they fall due; or You fail to pay any amount by the due date or breach any of these Conditions then, without prejudice to any of our other rights, we may:
8.1 Delivery timescales/dates specified on the Site, in any order acknowledgement, acceptance or elsewhere are estimates only. While We endeavor to meet such timescales or dates, We do not undertake to dispatch Products and/or commence Services by a particular date or dates and shall not be liable to You in respect of delays or failure to do so.
8.2 Delivery shall be to a valid address within the Territory submitted by You and subject to Acceptance ("Delivery Address"). You must check the Delivery Address on any acknowledgement or acceptance We provide and notify Us without delay of errors or omissions. We reserve the right to charge You for any extra costs arising from changes You make to the Delivery Address after You submit an order.
8.3 If You refuse or fail to take delivery of Products provided in accordance with these Conditions, any risk of loss or damage to the Products shall nonetheless pass and without prejudice to any other rights or remedies We have:
8.4 Except to the extent required as a result of any mandatory rights You have as a consumer under applicable law, You shall not be entitled to reject the Products in whole or in part by reason of short delivery and shall pay in full notwithstanding short delivery or non-delivery unless You notify us in writing of any claim within 7 days of the latest of the date of receipt of the relevant invoice or delivery whereupon You shall pay for the quantity actually delivered.
8.5 Where We deliver Products by installments, each installment constitutes a separate contract and any defect in any one or more installments shall not entitle You to repudiate the contract as a whole nor to cancel any subsequent installment.
8.6 Save as otherwise provided in these Conditions, risk of loss of or damage to the Products passes to You on delivery or when placed in your possession or that of any carrier or transport provided by You, whichever shall occur first.
9.1 Except as set out above and subject to any rights You have under applicable law that cannot be excluded or limited by these Conditions:
10.1 TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE (1) 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 AND THAT ARE MOST CLOSELY RELATED TO YOUR DAMAGES AND (2) WE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER.
10.2 Cellumis, in its sole discretion, shall not be liable for a chance occurrence or unavoidable or uncontrollable accident beyond either party's control that prevents our ability to fulfill obligations under the contract.
12.1 All Product specifications, illustrations, drawings, particulars, dimensions, performance data and other information on the Site or made available by Us are intended to represent no more than a general illustration of the Products and do not constitute a warranty or representation by us that the Products will conform with the same. You must refer to the manufacturer's specifications or warranty documentation to determine Your rights and remedies in this regard.
12.2 You will have the benefit of the manufacturer's, licensor's or supplier's warranty with the Products supplied and should refer to the relevant
12.3 Your rights of repair or replacement of any Products or any part or parts thereof which are found to be defective will (except where agreed otherwise) be negated or rendered void where: 12.3.1 Products have been repaired or altered by persons other than the manufacturer, Us or any authorized dealer; and/or 12.3.2 Defective Product or Products have not been returned together with full details in writing of the alleged defects within 30 days from the date on which such Products were delivered; and/or 12.3.3 Defects are due (wholly or partially) to mistreatment, improper use or storage or maintenance or installation, or failure to observe any manufacturers' instructions or other directions issued or made available by Us in connection with the delivered Products.
12.4 EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION 12, 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. THESE CONDITIONS STATE YOUR SOLE AND EXCLUSIVE REMEDIES.
13.1 If any license or consent of any government or other authority is required for the acquisition, carriage or use of the Products by You, You shall obtain such license or consent at Your own expense and if necessary produce evidence to us on demand. Failure so to do shall not entitle You to withhold or delay payment of the price. Any additional expenses or charges incurred by Us resulting from such failure shall be met by You.
13.2 Products licensed or sold to You under these Conditions may be subject to export control laws and regulations in the Territory or other relevant jurisdiction where You take delivery or use them. You shall be responsible for complying with those laws and will not do anything to breach them.
13.3 Items entering the European Economic Area (EEA) from outside over a certain value may be subject to customs charges (e.g. where costs are in excess of your personal import allowance). You may be subject to customs charges, import duties and taxes, levied when the Product reaches Your specified destination. Any such additional charges for customs clearance or import duties or taxes must be met by You, since We have no control over what these charges are. You should contact the local customs office in the relevant jurisdiction for further information on customs policies or duties.
14.1 Any notice or other communications in relation to Our contract may be given by sending the same by hand delivery, pre-paid post, fax or e-mail to the latest address and contact that one party has notified in writing to the other. This will also be the address for service of legal proceedings in the manner prescribed by law. Except as set out above in relation to cancellation of consumer orders, such notices or communications (where properly addressed) shall be considered received:
15.1 By placing your order you will be receiving a 14 day evaluation of for the price $9.99 unless customer purchases more Holistic Fruits & Veggies Muscle Products. We stand by our satisfaction Guarantee and our friendly customer service. You will also be enrolling into Holistic Fruits & Veggies Muscle enhancing program. You understand that you are subscribing to a monthly shipment program and you will be charged $59.99 per month starting 14 days from today and every 30 days thereafter unless cancelled. You also understand that you can cancel at any time, subject to the provisions of section 3, without further obligation by calling 1-800-793-6151, 24 hours a day, 7 days a week. You will receive your package within 2-5 business days of each payment. Please allow 2-5 Business days for your initial Bottle.
15.2 You authorize Us to initiate debit/credit entries to your credit card as indicated upon enrollment. This authority is to remain in full force and effect until You cancel Your auto shipment.
15.3 If Your payment is not approved by credit card within 30 days of the due date, Your Subscription will be suspended. If You wish to cancel and not be billed, You must call toll-free at 1-800-793-6151. You expressly agree to the automatic 30 day billing set forth herein. You expressly agree to honor all charges and fees due in association with this Subscription(s).
16.1 You shall not assign, transfer, charge or make over or purport to assign transfer charge to makeover Your rights under these Conditions. Any purported assignment shall be null and void.
16.2 We shall not be liable to You nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of Us being prevented, hindered or delayed in the performance by reason of any circumstances beyond Our reasonable control including (but not limited to) any act of God, war, terror, riot, civil commotion, governmental action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labor disturbance, breakdown of plant or machinery, interruption in the supply of power, Internet communications, or materials and in such event we may elect to cancel Your order and refund any payments made.
16.3 You acknowledge that these Conditions supersede and cancel all previous contracts, agreements and working arrangements whether oral or written, express or implied, between us. These Conditions prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted. To the fullest extent permitted under applicable law, We reserve the right to modify these Conditions without prior written notice to You with effect for the future, subject to Your right to reject, by way of written notice, our modifications to these Conditions with respect to any orders for which Acceptance, but not yet fulfillment, has occurred.
16.4 No relaxation, forbearance, delay or indulgence by either You or Us in enforcing any of these Conditions or the granting of time by either party to the other shall prejudice or restrict such rights and powers.
16.5 No waiver of any term or condition of these Conditions shall be effective unless made in writing and signed by Us. The waiver of any breach of any Condition shall not be construed as a waiver of any subsequent breach or condition.
16.6 If for any reason We determine or a court of competent jurisdiction finds that any provision or portion of these Conditions to be illegal, unenforceable, or invalid under applicable law in a particular jurisdiction:
17.1 The construction validity and performance of these Conditions shall be governed by US Law and You agree to submit to the exclusive jurisdiction of the Georgia Courts, in the event of legal proceedings arising from any dispute; The language of any dispute resolution procedure or any proceedings will be English.
18.1 Please read these terms and conditions carefully. By checking the box to sign up for one or more text messaging programs, you expressly consent to receive non-marketing and marketing text messages from HOLISTIC FRUITS & VEGGIES LLC (“Company”) and others texting on its behalf, including text messages made with an autodialer, at the telephone number(s) that you provide. You may opt-out of these communications at any time, and consent to receive marketing text messages is not required to purchase any goods or services.
You also accept and agree to be bound by these SMS Terms and Conditions, the Website Terms of Use, our Privacy Policy, the Holistic Fruits & Veggies Terms and Conditions (if applicable), and any other applicable terms and agreements related to your use of Company’s services.
19.1 Company and its service providers may use an automatic telephone dialing system (“autodialer”) to deliver Company text messages to you. Company text messages are intended to provide you with information about upcoming deliveries and Company’s goods and services (e.g., Company-sponsored events, recipes, coupons, promotions, product launches, sweepstakes, and contests).
20.1 The number of Company text messages that you receive will vary depending on how many of Company’s text messaging programs for which you sign up to receive messages. You will receive a maximum of three messages per week per Company text messaging program. Company brands generally have separate text messaging programs.
21.1 Message and data rates may apply to each text message sent or received in connection with Company text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Company does not impose a separate fee for sending Company text messages.
22.1 Supported carriers may change from time to time, but currently include AT&T, T-Mobile, Verizon Wireless, Sprint, Nextel, Boost, Alltel, US Cellular, and Cellular One, among others.