Xcellerate35 Terms & Conditions
1. SCOPE & APPLICATION
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 Xcellerate35 or any other Product on this Site, all such references Product shall be ("Product"). "Customer", "I", "You" or "Your" refers to you. "Site" means this World Wide Website located at the URL https://xcellerate35.com or Xcellerate35, ("We", "Us" or "Our") reserves the right to amend this Agreement from time to time. It is agreed that any such amendment will apply to Customer. Xcellerate35 agrees to inform Customer of any amendment to the agreement. Should Customer fail to object to any amendment to the Agreement within one week, such failure shall serve as an acceptance of the amendment.
2. SHIPMENTS AND BILLING
2.1 All product purchases made from this website are required to be paid in full For more information about our products, please visit https://xcellerate35.com
2.1.1. The prices for the products are as follows:
- Xcellerate35 Hair Xcelleration Program
- $89.95/month + $0.00 Shipping & Handling + Any applicable State/Local Sales Taxes
- Total Charge: $89.95/month + $0.00 Shipping & Handling + Any applicable State/Local Sales Taxes = $89.95/month (+ shipping & taxes)
- Xcellerate35 Xcellerate Serum
- $59.95 + Any applicable Shipping and Handling Fees, as noted on Checkout + Any applicable State/Local Sales Taxes
- Total Charge: $59.95 + Any applicable Shipping and Handling Fees, as noted on checkout + Any applicable State/Local Sales Taxes = $59.95 (+ shipping & taxes)
- Xcellerate35 Stimulate Shampoo
- $49.95 + Any applicable Shipping and Handling Fees, as noted on Checkout + Any applicable State/Local Sales Taxes
- Total Charge: $54.95 + Any applicable Shipping and Handling Fees, as noted on checkout + Any applicable State/Local Sales Taxes = $49.95 (+ shipping & taxes)
- Xcellerate35 Rejuvenating Conditioner
- $49.95 + Any applicable Shipping and Handling Fees, as noted on Checkout + Any applicable State/Local Sales Taxes
- Total Charge: $54.95 + Any applicable Shipping and Handling Fees, as noted on checkout + Any applicable State/Local Sales Taxes = $49.95 (+ shipping & taxes)
2.2 Your product will ship within 48-72 hours and will arrive within 3-7 business days. If your product does not arrive within the allotted amount of time, please call customer service to address the delay. Although we always strive to make our deliveries as timely as possible, circumstances may arise outside of our control, such as inclement weather, natural disasters, or other postal delays, which may impede a the timely arrival of your product. You agree we are not liable for such delays.
2.3 Please contact Customer service at 866-210-3770 between the hours of 9am-5pm EST, Monday thru Friday, or at [email protected] with any questions regarding your product, payment or return.
3. RETURNS, CANCELLATION AND REFUND POLICY
3.1 REFUND POLICY. You must call Customer Service at US TOLL FREE 866-210-3770 before any arrangements will be made to issue a refund. Shipping and handling fees are non-refundable. You may return your product in its unopened package within 30 days for a refund (Restocking Fees apply). Your account will be credited within 14-30 of receiving your product. If you do not see a refund within that time, please contact customer service.
3.2 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.
3.2.1 RESTOCKING FEE There is a $17.50 per order restocking fee for all returned shipments. The restocking fee will be deducted from the amount refunded back to a customer. Example: If a customer is due a $89.95 refund,this customer will receive a refund amount of $72.45.
3.3 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. Refund requests 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.
3.4 Return Address is (Please contact Customer Service to obtain RMA):
3380 North El Paso St Unit B
Colorado Springs, CO 80907
3.5 Cancellation of Xcellerate35's Hair Xcelleration Program: Customers acknowledge that upon enrolling in Xcellerate35's Hair Xcelleration Program, they will be charged automatically on a recurring basis, until they cancel their program subscription. Customers may cancel at any time by calling customer service, whereby they will be removed from all future billings after the date of the cancellation.
4. DISPUTE RESOLUTION
4.1 You agree to indemnify for any financial harm, or any losses caused by your objection 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.
4.2 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. OFFER, ACKNOWLEDGMENT AND ACCEPTANCE
5.1 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.
5.2 An order submitted by You constitutes an offer by You to Us to purchase the Product on these Conditions and is subject to Our subsequent acceptance.
5.3 Prior to such acceptance, an automatic e-mail acknowledgment of Your order may be generated. Please note that any such automatic acknowledgment does not constitute a formal acceptance of Your order.
5.4 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").
5.5 We may keep records of orders received, acknowledgments,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. YOUR REPRESENTATIONS
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,license 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 acknowledgment 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 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.
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 at time of purchase. We reserve the right to verify credit or debit card payments prior to Acceptance.
6.10 If at any time you fail to pay any amount due on the relevant due date,or we are unable to collect payment due because of lack of funds or canceled credit card, we may by notice declare all 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.
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:
7.1.1 Stop any Products in transit; and/or
7.1.2 Suspend further Product deliveries; and/or
7.1.3 Stop or suspend provision of Services; and/or
7.1.4 By written notice, terminate Your order and all or any other contracts between Us and You.
8. DELIVERY AND RISK
8.1 Delivery timescales/dates specified on the Site, in any order acknowledgment, 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. IF OUR PRODUCTS FAIL TO ARRIVE IN THE ESTIMATED DELIVERY TIME OF 3-5 BUSINESS DAYS, PLEASE CONTACT OUR CUSTOMER SERVICE LINE AND LET THEM KNOW.
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 acknowledgment 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:
8.3.1 We shall be entitled to immediate payment in full for the Products or Services delivered and either to effect delivery by whatever means We consider appropriate or to store Products at Your risk;
8.3.2 You shall be liable pay on demand all costs of Product storage and any additional costs incurred as a result of such refusal or failure to take delivery;and
8.3.3 We shall be entitled 30 days after the agreed date for delivery to dispose of Products in such manner as We determine and may set off any proceeds of sale against any sums due from You.
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. REJECTION, DAMAGE OR LOSS IN TRANSIT
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:
9.1.1 We shall not be liable and You shall not be entitled to reject Products or Services, except for: (a) damage to or loss of Products or any part thereof in transit (where the Products are carried by Our own transport or by a carrier on Our behalf) where notified to Us within 5 working days of receipt of the Products; (b) defects in Products (not being defects caused by any act,neglect or default on your part) notified in writing to Us within 30 days of receipt of the Products; and (c) defective performance of Services (not being defects caused by any act, neglect or default on Your part) where notified in writing to Us within 5 days of such defect becoming apparent.
9.1.2 We shall not be liable for any damage or losses arising from the use of the Products in connection with other defective or unsuitable Products; Your negligence; improper use or use in any manner inconsistent with the manufacturer's specifications or instructions.
9.1.3 Where these is a shortage or failure to deliver, or any defect in or damage to a Product or Service, We may at our option: (a) (in the case of Product shortage or non-delivery) make good any such shortage or non-delivery; and/or (b) in the case of failure to perform or defective performance of a Service, make good such failure or defective performance; and/or (c) in the case of damage or any defect(s) in the Product and in accordance with any applicable Returns Policy: (i) replace or repair the Product upon You returning the Product; or (ii) refund the price paid in respect of any Products found to be damaged or defective.
10. LIABILITY LIMITATION
10.1 TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WEWERE AWARE OR ADVSED OF THE POSSIBILITY OF DAMAGES, AND WETHEROR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIALPURPOSE (1) OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OFCONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NOCIRCUMSTANCES EXCEED THE COST OF THE PRODUCTS YOU ORDERED ANDTHAT ARE MOST CLOSELY RELATED TO YOUR DAMAGES AND (2) WE SHALLNOT BE LIABLE FORSPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIALDAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER.
10.2 Xcellerate35, in its sole discretion, shall not be liable for a chance occurrence or unavoidable or uncontrollable accident beyond either parties control that prevents our ability to fulfill obligations under the contract.
11. THIRD PARTY RIGHTS
11.1 You shall indemnify Us against any and all liabilities, claims and costs incurred by or made against Us as a direct or indirect result of us performing Services or carrying out any work on or to the Products where this has been done to Your (or Your representative's) specific requirements or specifications causing an infringement or alleged infringement of any proprietary rights of any third party.
11.2 To the fullest extent permitted by law, we shall have no liability to You in the event the Products or Services infringing or being alleged to infringe the proprietary rights of any third party. In the event that the Products are or may be the subject of patent, copyright, database right, registered design,trademark or other rights of any third party, You should refer to the relevant terms of the Product manufacturer and/or licensor/owner. We shall be obliged to transfer to You only such right or title as we have
12. WARRANTY "AS IS" IN GENERAL – WITHOUT REGARD TO SEPARATEWARRANTY STATEMENTS PACKAGED BY THE MANUFACTURER WITH THEPRODUCTS.
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 documentation supplied with the Product in this regard.
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, WEMAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIMALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUTLIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE AND NON-INFRINGEMENT. THESE CONDITIONS STATEYOUR SOLE AND EXCLUSIVE REMEDIES.
13. CONSENTS, CUSTOMS DUTIES & EXPORT
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.
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:
14.1.1 In relation to hand delivery, on the date of delivery at the relevant address (or, if this is not a working date, the first working date thereafter);
14.1.2 If posted, 5 working days after the date of posting;
14.1.3 If sent by email, on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or(iii) the expiry of 48 hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
15. PERSONAL INFORMATION AND YOUR PRIVACY
16.1 You shall not assign, transfer, charge or make over or purport to assign transfer charge to make over 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, government 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:
16.6.1 These Conditions will not be affected in other jurisdictions to the extent that such determination or finding has no application; and
16.6.2 In the relevant jurisdiction, the remainder of these Conditions (to the fullest extent permitted by law) will continue in full force and effect.
17. GOVERNING LAW
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 US Courts, in the event of legal proceedings arising from any dispute;The language of any dispute resolution procedure or any proceedings will be English.
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