- Jurisdiction; Dispute Resolution & Waiver of Class, Consolidated and Representative Actions
IT IS IMPORTANT THAT YOU READ THIS SECTION OF THE AGREEEMENT CAREFULLY.
This Section I of the Purchase Policy shall be governed by and construed in accordance with the Federal Arbitration Act and applicable federal laws.
All disputes, claims, or causes of action arising from or related to your purchase, the product(s), or product consumption will be resolved through binding arbitration, rather than in court in accordance with the rules of the American Arbitration Association, except that you may assert claims in small claims court if your claims qualify. . ARBITRATION OF A DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
To begin an arbitration proceeding, either party must send a letter requesting an arbitration and describing the claim to the other party. To begin an arbitration proceeding against Herobiotics, you must send a letter requesting arbitration and describing your claim to our registered agent California Corporate Agents, Inc. 2108 N. St. Ste. C Sacramento, CA, 95816. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Herobiotics will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.We each agree that any arbitrator hearing a claim may not: (i) combine more than one individual’s claim or claims into a single case; (ii) order, require, participate in or facilitate production of class-wide contact information or notification of others of potential claims; or (iii) arbitrate any form of a class, collective, or representative proceeding. If for any reason a claim proceeds in court rather than in arbitration.WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
- Payment methods and Billing
III. Order Acceptance
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your credit card or other approved method of payment will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped.
Some situations that may result in your order being cancelled include limitations on quantities available for purchase; inaccuracies or errors in Product or pricing information; Product or ingredient restrictions mandated by local, state, national or international regulations; or problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit or debit card has been charged, we will issue a credit to your card in the amount of the charge.
- Order Returns
Customers may return any opened or unopened merchandise purchased from any Herobiotics channel within 30 days. If return unopened and accompanied by a receipt the customer will receive the return in the original form of payment. If opened and accompanied by a receipt, the customer will receive a merchandise credit.
- Shipping and Handling; International Orders
International shipment rates vary based on total package weight and final destination. Pricing on the Sites does not include duties, insurance costs, tariffs, or value-added taxes (VAT), sales taxes or similar taxes. International orders take approximately 7-10 days for delivery, depending on the carrier/shipping service selected. USPS shipping options can take longer than 3 weeks, depending on the destination country. Free shipping promotions do not apply to international orders.
If you place an order for shipment to an international address, you will be responsible for paying any VAT and other taxes, tariffs, import or export duties, and other similar taxes, duties or fees attributable to such orders. These taxes, duties and fees, if assessed, are the sole responsibility of the package recipient, who will be billed for them by the local Customs office. We suggest you check with your local Customs office for any documents you may need before placing your order.
With respect to shipments of Products to consumers, wherever they may reside, title to Products will be shipped FOB our plant and all risk of loss shall pass to you immediately upon our delivery of the Products to the common carrier. You are solely responsible for providing us with accurate shipping information and a valid phone number or email address. In the event that any Product is returned to us as a result of your failure to provide us with accurate shipping information, you shall be responsible for any additional shipping fees or other charges that may be applied to the return of the Product to us or in re-sending the Product to you.
Please note that refunds will not be issued for any order that is refused or abandoned by the intended recipient, orders that can't be delivered due to an address error, or orders seized by Customs.
We will arrange for shipment of the Products to you. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packaging, shipping and delivery of your Products.
Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Pricing or Typographical Errors
We work hard to provide accurate Product and pricing information. However, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, Herobiotics shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
VII. Quantity Limits and Items for Resale
Herobiotics reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. Herobiotics also reserves the right to prohibit sales to dealers.