Terms & Conditions
The following terms and conditions apply to all orders for the
purchase of goods from Healthy Internet Marketing LLC. In these terms and
conditions references to "We/our/us" refer to Healthy Internet
Marketing LLC. By placing an order for goods, you are deemed to have accepted
these terms and conditions. If you do not agree to these terms and conditions
then you should not place any order.
1. The goods being made available by Healthy Internet
Marketing LLC may (subject to the terms set out in this document) be purchased
online by residents of the United States of America by way of
credit/debit card, and also by check posted to our US office; and for non-US
residents by way of credit/debit card. The goods advertised for sale by us are
goods that you may offer to purchase.
2. For orders made from within the USA, local
sales taxes apply. For orders made from outside the USA, all local duties, VAT and
sales taxes due on importation are the responsibility of the customer.
3. No agreement for the sale of the goods offered by us shall
be considered completed until such time as we have accepted your offer to
purchase them. The only way in which we will be deemed to have accepted your
offer to purchase such goods is by processing your credit/debit card in order to
charge your card or debit your account or by cashing your cheque.
4. All orders for goods are subject to availability. We
reserve the right to withdraw at any time any goods advertised for sale. It is
not always possible for us to inform you at the time you place your order
whether the goods you want are still available for purchase.
5. When you place an order for payment by credit/debit card we
will accept the completed order form. That, or our acceptance of a postal form
for sales to be paid by cheque, does not constitute our agreement to sell you
the goods or services you have ordered. We shall have the right in our
discretion and without reason to decline or cancel your order at any time
before and without charging your card or debiting your account or cashing your
cheque.
6. Once we charge your card/debit your account or cash your
cheque we shall be considered to have accepted your order.
7. We endeavour to dispatch orders within 20 days of receiving
your order (or by such delivery date as is informed to you when you place your
order) but this may be delayed if it is out of stock. You should note that the
carriage of the goods is not handled by Healthy Internet Marketing LLC so we
are not always able to handle queries as to the status of their delivery to you
as promptly as we would like. However, if your goods fail to arrive within 21
days of our accepting your order you should contact us by email at info@chiexercisemachine.com or by
fax or letter.
8. The prices quoted by us may vary from time to time and
whilst we will make every effort to ensure that the information is current it
may be that between receiving your order and us accepting it the price changes.
In that event we will endeavour to contact you to see if you still wish us to
process your order at the revised price. Alternatively, in our discretion we
shall have the right not to accept your order but to cancel it.
9. If for any reason, having accepted your order by charging
your card/debiting your account/cashing your cheque, we are unable to fulfil
your order, we will notify you accordingly and arrange for a full refund of the
purchase price of the goods that we were unable to supply. You agree that Healthy
Internet Marketing LLC's total liability and your remedies in such a case will
be limited to payment of that refund. No interest shall in any event be payable
on any amounts owing or re-paid.
10. In the event that you are unhappy with the condition of
the product upon delivery to you, you must let us know by e-mail or Certified
Delivery letter within seven days of receipt of the goods. Complaints in any
other form or after that time may not be responded to. You can contact us by
e-mail at info@chiexercisemachine.com,
or Certified Delivery letter to the address given on the Contact Us page
of this website. All correspondence must be accompanied by a copy of the
correct receipt and shipping reference (tracking) numbers.
11. If your goods arrive in a faulty or damaged condition then
Healthy Internet Marketing LLC will arrange for a replacement of the
damaged/faulty goods to be sent to you free of charge (subject to the other
terms of this agreement) but only if you comply with the following conditions:
(i) you must already have paid for the goods complained of; (ii) you must inform
us in writing as above of your complaint within seven days of your receipt of
the damaged goods; (iii) you must return the goods complained of to reach us
within 14 days of the date of receipt by you; (iv) we must be satisfied that
the goods were faulty when dispatched or damaged in transit; (v) the post and
packaging costs of returning the goods to us must be pre-paid by you.
12. If for any reason the full post and packaging cost of
returning the goods is not pre-paid by you we shall have the right in our
discretion to (i) return the package to you at your cost without paying any
postage and packaging (which shall be your responsibility); or (ii) when returning
or replacing the goods to recover from you the unpaid cost of postage and
packaging (and if permitted charge your card or debit your account
accordingly); or (iii) send to you a check in full refund of the price paid by
you for the returned goods less the cost of return postage and packaging that
you failed to pay.
13. Healthy Internet Marketing LLC has taken all reasonable
care in the preparation of the content of our brochures, fact sheets, website
and other materials. Healthy Internet Marketing LLC disclaims all warranties,
express or implied, as to the accuracy of the information contained in any of
these materials to the extent permitted by applicable law.
14. Healthy Internet Marketing LLC makes no representations or
warranties as to the quality or fitness of the goods supplied except as
specifically stated in the Manufacturers’ Warranty and hereby excludes all such
implied terms, representations and warranties to the fullest extent permitted
by law.
15. Healthy Internet Marketing LLC hereby excludes to the
fullest extent permitted by law liability for any and all loss, damage or
injury arising from this product including consequential loss, economic loss
and loss of profits regardless of whether such losses are foreseeable and
whether or not caused by its negligence save that nothing in this agreement
shall limit the liabilities of Healthy Internet Marketing LLC for acts of fraud
committed by Healthy Internet Marketing LLC. In any event any liability in
respect of loss, damage or injury to this product or other property shall be
limited to the replacement costs of this product except to the extent that such
limitation is not permitted by law.
16. Healthy Internet Marketing LLC expressly excludes all
civil (but not criminal) liability in respect of incorrect pricing and
labelling to the fullest extent permitted by law.
17. Healthy Internet Marketing LLC shall not be liable for any
loss suffered or incurred by you as a result of a failure or inability to
perform or delay in performance under this agreement by reason of an act of
God, fire, flood, strike, lock-out or other industrial dispute, explosion,
sabotage, war, riot, civil commotion, postal delay, communication failure, law,
order or regulation or any other unexpected or exceptional cause or
circumstance beyond our control.
18. The invalidity or unenforceability for any reason of any
part of this agreement will not prejudice or affect the validity or
enforceability of the remainder.
19. All contracts for the sale of goods by Healthy Internet
Marketing LLC shall be exclusively subject to, governed by, construed and
interpreted in accordance with Delaware law and the courts of Delaware shall
have exclusive jurisdiction in respect of them and any disputes or claims
arising out of or in connection with them.
