TERMS AND CONDITIONS (Last updated: January 15, 2018)
Kaerwell and/or its affiliates provide website features and other products and services to you when you visit or shop at Kaerwell.com, use Kaerwell products or services, use Kaerwell applications for mobile, or use software provided by Kaerwell in connection with any of the foregoing (collectively, ” Kaerwell Services”). Kaerwell provides the Kaerwell Services subject to the following Terms and Conditions.
PRIVACY POLICY
We respect your privacy. We never sell your personal information to any third parties and only share required information with parties required to fulfill orders such as payment processors and shipping entities. Any information collected through this site is intended to be used for transaction purposes only.
SHIPPING AND DELIVERY
At this time, Kaerwell, Inc. only ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Merchandise in stock is usually shipped within 48 hours of the time and order is placed. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.
REFUND POLICY
You may return damaged or defective merchandise within 10 days of the original purchase date for a full refund minus shipping charges. We will also be glad to exchange the damaged merchandise for anything on our site of equal or lesser value. We will only issue a refund to the credit card used at the time of checkout. Kaerwell does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Kaerwell does not take title to the refunded item. Kaerwell will gladly accept any unopened products within 30 days of purchase and require pre-authorization. Any claims of shortage or damage must be made within 7 days of receiving package. Authorized returns must be received within 14 days of authorization. All returns will be credited upon receipt and are subject to a 10% handling fee and cost of shipping. For questions, please call or e-mail our customer service manager at support@kaerwell.com.
PRODUCT DESCRIPTIONS
Kaerwell attempts to be as accurate as possible. However, Kaerwell does not warrant that product descriptions or other content of any Kaerwell Service is accurate, complete, reliable, current, or error-free. If a product offered by Kaerwell itself is not as described, your sole remedy is to return it in unused condition.
PRICING
Except where noted otherwise, the list price displayed for products on any Kaerwell Service represents the full retail price associated with the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. Despite our best efforts, a small number of the items in our catalog may be mis-priced. If the correct price of an item sold by Kaerwell is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
ELECTRONIC COMMUNICATIONS
When you use any Kaerwell Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Kaerwell Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any Kaerwell Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Kaerwell or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Kaerwell Service is the exclusive property of Kaerwell or its content suppliers and protected by U.S. and international copyright laws.
YOUR ACCOUNT
If you use any Kaerwell Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Kaerwell does not sell products to children; but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Kaerwell Services only with involvement of a parent or guardian. Kaerwell reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
PAYMENT TERMS
Orders are shipped pre–paid by check, Discover, MasterCard, VISA or American Express.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE KAERWELL SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KAERWELL SERVICES ARE PROVIDED BY KAERWELL ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. KAERWELL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE KAERWELL SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KAERWELL SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE KAERWELL SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KAERWELL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KAERWELL DISCLAIMS ALL LIABILITY FOR BODILY INJURY OR DEATH DUE TO THE USE OF THE PRODUCTS PURCHASED THROUGH OUR PLATFORM. KAERWELL DOES NOT WARRANT THAT THE KAERWELL SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KAERWELL SERVICES, KAERWELL ‘S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM KAERWELL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KAERWELL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY KAERWELL SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY KAERWELL SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISPUTES
Any dispute or claim relating in any way to your use of any Kaerwell, or to any products or services sold or distributed by Kaerwell or through Kaerwell.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to 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 these Terms and Conditions as a court would.
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. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Wellness Storehouse 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. 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.
APPLICABLE LAW
By using any Kaerwell Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Kaerwell.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, Service Terms, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
