Terms and Conditions of Use
CAREFULLY READ AND UNDERSTAND THESE TERMS BEFORE ORDERING ANY PRODUCT THROUGH THIS WEBSITE
ATTENTION: This is a legal agreement (the "Agreement") between You, the individual, company or organization ("you," "your," or "Customer") and our website ("we," "our", "Company"). By ordering, accessing, using or purchasing an ABS Wellness product ("Product") through this website or related websites (collectively the "Website"), you are agreeing to be bound by, and are becoming a party to, this Agreement. We may at our sole and absolute discretion change, add, modify, or delete portions of this Agreement at any time without notice. It is your sole responsibility to review this Agreement for changes prior to use of the Website or purchase of the Product.
IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE WEBSITE AND PRINT A COPY FOR YOUR RECORDS.
Health Disclaimer
This product is not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking medication, or have a history of heart conditions we suggest consulting with a physician before using any of our products. The results on all products are not typical and not everyone will experience these results. Customer Service phone: 1-855-563-1808 (Support Line)
Terms and Conditions
Please carefully read the following terms and conditions as when you purchase any of the products from our Website, you agree and are bound to the following terms and conditions.
This Agreement is between our website and you ("you" or "Customer") This Section sets forth the terms and conditions which apply to the use by you of the website (as defined below) and any other subscription product or service offered for sale by our website and/or its affiliates.
The right to use any product or service offered by our website is personal to you and is not transferable to any other person or entity. We reserve the right to make changes to the website, policies, and these terms at any time without notice.
Disclaimer of Warranty; Limitation of Liability
We attempt to ensure that the information on the Website is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions and reserve the right to: (i) revoke any offer stated on the Website; (ii) correct any errors, inaccuracies or omissions. This website neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the website. Under no circumstances are we liable for any loss or damage caused by your reliance on information obtained through the content on the website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content.
Opting In For Future SMS and Email Marketing
By clicking 'Rush My Order' on Website, you agree to provide by electronic signature as an indication of my intent to agree to this website's Privacy Policy, Terms and Conditions, Refund Policy, and expressly consent to receive marketing & telemarketing contact, including cellular phones, via automatic telephone dialing system, artificial/pre-recorded messages (including pre-recorded messages using soundboard technology), email, and/or text messages from the owner of this website and their agents, at the telephone number and email address you have provided. You understand consent to receive communications in this matter is not required as a condition of purchasing any goods or services, your telephone company may impose charges for these contacts, and your consent can be revoked at any time by contacting Customer Support at 1-855-563-1808.
Sales Tax
If you purchase any products available on the Website ("Product"), you will be responsible for paying any applicable sales tax indicated on the Website.
Indemnification
You agree to defend, indemnify and hold harmless our website, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use by you of the website, including claims by other users, access, products or memberships.
Refund/Return Policy
In order to obtain your full refund, contact customer service by phone and obtain an RMA (Return Merchandise Authorization) number to place on your package. Write this number on the outside of the shipping package and send the product back to our warehouse at the address provided to you, and within thirty (30) days of the date you originally ordered the product.
In order for your full refund to be processed the product must arrive at our fulfillment facility within thirty (30) days of the original purchase date and NOT be opened or used. You pay for return shipping. There is a $5.00 restocking fee per unit you are returning. This fee will be taken out of the refund issued. Once our warehouse has received the returned package, you will be issued a refund. Your refund will be credited back to the same credit card used to make the purchase. Refunds are issues within 48 hours and may take up to 3-5 business days to show in your statement, depending on the speed of the processing bank.
You may request a refund by calling 1-855-563-1808 (Support Line) Monday to Friday 8AM to 5PM CT (Central Time) or by emailing customersupport@abspancakes.com.
Returns must be sent with your RMA number written on the packaging to:
RMA Returns
ABS Wellness LLC
751 W 1000 N #18
Spanish Fork, Utah 84660
USA
The Refund will show on your Credit Card statement the same as the original charge, and you will receive a confirmation email from our warehouse at the time when your refund has been issued.
Customer Service phone: 1-855-563-1808 (Support Line)
Be sure to write your RMA # on the outside of the envelope for proper account credit.
We are not responsible for lost or stolen items. We recommend all returned items to be sent using some type of delivery confirmation system to ensure proper delivery. After the shipping department receives your return, it generally takes 48 hours for your refund to be processed.
Please note the following terms:
Packages marked "Return to Sender" will NOT be processed or refunded. Returned packages will only be refunded with an RMA number that was provided by our Customer Service department. Call Customer Service at 1-855-563-1808 (Support Line) for your RMA number. RMA numbers are good for 30 days.
Refunds will only be issued to the same credit card to which they were charged.
Customer is responsible for return shipping charges.
After the warehouse receives your return, it generally takes 2 business days to process your return. Please keep in mind that your bank typically posts credits in the billing cycle in which it was received. Therefore, the number of days it takes for the credit to post to your account may vary, depending on your banking institution's billing and credit schedule.
Our customer service representatives may offer you a discounted price or partial refund (“Discounted Rate or Partial Refund”) if you call to cancel your account. You may accept or reject the discounted price or partial refund. If you reject the discount or partial refund, then in order to obtain your refund you will be required to return the product to us using an RMA number as described above. If you accept the Discounted Rate or Partial Refund, you agree to waive your right to return this order and agree not to dispute the charges with your bank or credit card company or take any actions to prevent the payment of the reduced Discounted Rate or Partial Refund to the Company.
Legal Disclaimer
These products are not intended to diagnose, treat, cure or prevent any illness or disease. Consult with your physician for diagnosis or treatment. Use herbs as per instructions and always watch for any allergic reactions.
The information presented on this site is not presented with the intention of diagnosing any disease or condition or prescribing any treatment. It is offered as information only, for use in the maintenance and promotion of good health in cooperation with a licensed medical practitioner.
In the event that any individual should use the information presented on this website without a licensed medical practitioner's approval, that individual will be diagnosing for him or herself.
Shipping
The standard ground mail service is shipped via United States Postal Service First Class Mail. 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.
Third Party Websites.
This Website may contain links to other websites on the Internet that are owned and operated by third parties. We do not control the information, products or services available on these third-party websites. The inclusion of any link does not imply our endorsement of the applicable website or any association with the website's operators. Because we have no control over such websites and resources, you agree that we are not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
Linking and Framing.
You may not deep link to portions of the Website, or frame, inline link, or similarly display any of our property, including, without limitation, the Website. You may not use any of our logos or other trademarks as part of a link without express written permission.
Additional Taxes and Duties
Depending on your location, you may be required to pay applicable taxes and duties in relation to your state, province or country.
Ingredients
All products sold on the website are produce and manufactured in an FDA Approved facility that is GMP Certified. Raw materials are of the highest quality for optimum potency and the facility uses Good Manufacturing Practices (GMP) guidelines.
Herbal Safety Guidelines
Before using an herb you are unfamiliar with, find out its medicinal properties. Research it thoroughly and/or consult with an appropriately qualified practitioner or expert. If you are taking prescription drugs, or have a medical condition, check with an appropriately qualified practitioner before using herbs medicinally. Herbs have shown overwhelming evidence that they work. Just because a small amount works well does NOT mean that more is better. As individuals we all have different constitutions, sensitivities, allergic reactions and possible health conditions. The following are merely guidelines. They include herbs offered on our websites. This list does not help with administering information on possible interactions and contraindications with prescription medicine. This needs to be discussed with your physician.
Should I check with my doctor or healthcare provider before using a supplement? This is a good idea, especially for certain population groups. Dietary supplements may not be risk-free under certain circumstances. If you are pregnant, nursing a baby, or have a chronic medical condition, such as, diabetes, hypertension or heart disease, be sure to consult your doctor or pharmacist before purchasing or taking any supplement. While vitamin and mineral supplements are widely used and generally considered safe, you may wish to check with your doctor or pharmacist before taking these or any other dietary supplements. If you plan to use a dietary supplement in place of drugs or in combination with any drug, tell your health care provider first. Many supplements contain active ingredients that have strong biological effects and their safety is not always assured in all users. If you have certain health conditions and take these products, you may be placing yourself at risk.
Reversals and Chargebacks
We consider Chargebacks and reversals as potential cases of fraudulent use of our services and/or theft of services, and will be treated as such. We reserve the right to file 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. In certain instances where there is an issue with the order, our customer service representatives may offer you a discounted price or partial refund (“Discounted Rate or Partial Refund”). You may accept or reject the discounted price or partial refund. If you reject the discount or partial refund, then in order to obtain your refund you will be required to return the product to us using an RMA number as described above. If you accept the Discounted Rate or Partial Refund, you agree to waive your right to return this order and agree not to dispute the charges with your bank or credit card company or take any actions to prevent the payment of the reduced Discounted Rate or Partial Refund to the Company.
Customizing Orders
Customer satisfaction is our main priority, and we are always interested in making our customers' experience with our products enjoyable and convenient. If you would like to request custom arrangements for your account, such as bulk orders, and/or ordering additional products, just call our customer service representatives and we will be happy to discuss your account with you. We cannot accommodate every request, but we do our best to accommodate where possible. To ensure the highest quality customer care, and to be sure that your order is handled correctly, your call will be recorded and archived for future reference.
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 our website 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 website
Indemnification
You agree to defend, indemnify and hold the Website, and its subsidiaries, affiliates, and their directors, officers, agents, members, shareholders, co-branders or other partners, employees, and Ad Partners harmless from any liabilities, losses, actions, damages, claims or demands, including reasonable attorneys' fees, costs and expenses, made by any third party directly or indirectly relating to or arising out of (a) content you provide to the Website or otherwise transmit or obtain through the Service, (b) your use of the Service, (c) your connection to the Service, (d) your violation of this Agreement, (e) your violation of any rights of another or (f) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise, or in any other manner dispose of any Claim without our consent.
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
(a) DISCLAIMER OF WARRANTIES. WE PROVIDE THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS, THE WEBSITE, THE SERVICES, ITS USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
(b) DISCLAIMER OF FORWARD-LOOKING STATEMENTS. THIS WEBSITE MAY CONTAIN FORWARD-LOOKING STATEMENTS THAT REFLECT OUR CURRENT EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT. THE FORWARD-LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS OR RESULTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, SOME OF WHICH ARE OUTSIDE OUR CONTROL.
(c) HEALTH RELATED INFORMATION. WE PROVIDE INFORMATION ON THE WEBSITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE.
(d) PRODUCTS. ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY, PROVIDED IN THE PRODUCT PACKAGING. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION
(e) EXCLUSION OF DAMAGES. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEBSITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
(f) LIMITATION OF LIABILITY. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEBSITE, OR THE PRODUCTS) EXCEED THE GREATER OF $100 USD OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.
Arbitration
All disputes arising out of or relating to this AGREEMENT (including its formation, performance or alleged breach) or your use of the Website will be exclusively resolved under confidential binding arbitration held in signer before and in accordance with the Rules of the American Arbitration Association. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this AGREEMENT will be joined to an arbitration involving any other party subject to this AGREEMENT, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in signer to enforce this AGREEMENT or prevent an infringement of a third party's rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
Waiver of Class Action Rights
BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Limitation of Actions
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
Modification of Terms of Service
We reserve the right to change or modify these Terms of Use at any time and your continued use of this site will be conditioned upon the Terms of Use in force at the time of your use. You can always check the most current version of the Terms of Use at this page.
Additional Terms
This AGREEMENT will be binding upon each party hereto and its successors and permitted assigns and governed by and construed in accordance with the laws of the State of NV without regard for conflict of law principles. This AGREEMENT and all your rights and obligations under them may not be assignable or transferable by you without our prior written consent. No failure or delay by a party in exercising any right, power or privilege under this AGREEMENT will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this AGREEMENT. You are an independent contractor, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this AGREEMENT. The invalidity or unenforceablility of any provision of this AGREEMENT will not affect the validity or enforceability of any other provision of this AGREEMENT, all of which will remain in force and effect.
ENTIRE AGREEMENT:
This Agreement sets forth the entire agreement between the parties. You acknowledge and agree that You have reviewed this Agreement in its entirety, and every part thereof, and that You understand the Agreement. You further acknowledge and agree that You have had the opportunity to review this Agreement and otherwise consult with Your independent counsel as to the Agreement.