Terms and Conditions
Important: Product descriptions, testimonials and other materials and information on this website are provided for informational purposes only and have not been evaluated or approved by the FDA or any other regulatory agency. Nothing on this website is meant to substitute for any medical advice provided by your physician, and you should not use the information contained herein for preventing, diagnosing or treating a health problem or disease. If you have or suspect that you have a medical problem, promptly contact your physician. You should also consult your physician before making any dietary changes or starting any nutritional program.
These terms and conditions of sale (these “Terms”) apply to all offers for sales and sales of products (“Products”) sold through the TrueSelf Foods website (the “Site”). Your purchase of a Product constitutes your acceptance of these Terms, including your agreement in Section 9 to arbitrate instead of going to court and not to bring or participate in class action claims. We may change these Terms from time to time. Any new version of these Terms shall apply to Product purchases made after the new Terms are posted on the Site. You should review these Terms each time you purchase any Products through the Site. The products are sold by TrueSelf Foods, LLC, referred to in these Terms as “us,” “we” or “our” or the like. The purchaser of a Product pursuant to these terms is referred to in these Terms as “you” or “your” or the like.
2. Orders, Cancellations and Refunds.
2.1 All Product purchases are final, non-cancelable and non-refundable except solely as expressly specified in these Terms.
2.2 Any prices, quotations and descriptions made or referred to on this Site with respect to the Product are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your order (as described below). While we make every effort to ensure that Products appearing on the Site are available (other than Products carrying a “pre-order” or similar designation), we cannot guarantee that all Products are in stock, immediately available, or available for distribution or delivery to your desired delivery address when you submit your order. We may reject your order (without liability) if we are unable to process or fulfill it for any reason. If this is the case, we will refund any prior payment that you have made for the applicable Products.
2.3 An order submitted by you constitutes an offer by you to us to purchase the applicable Product(s) on these Terms and is subject to our subsequent acceptance, which will be deemed to have occurred upon our e-mail notification to you stating that your order has been accepted or our shipment of the Product(s), whichever occurs first (“Acceptance“). Prior to Acceptance, an automatic e-mail acknowledgement of your order may be generated. Please note that any such automatic acknowledgement does not constitute a formal Acceptance of your order.
2.4 After Acceptance, you may not modify or cancel your order without our prior written consent; provided, however: (a) we may cancel your order at any time after Acceptance and prior to shipment for any reason in our sole discretion, and in such event, we will issue you a credit or refund; (b) for any “pre-order” Products (as specifically identified on the Site), you may cancel your order at any time prior to shipment; and (c) if you place a subscription or other recurring order for a Product, you may cancel your subscription at any time following the first shipment upon written notice sent to firstname.lastname@example.org, provided that cancellation shall be effective with respect to shipments scheduled to ship more than five (5) days after our receipt of the notice. Any notice of cancellation you wish to provide under the foregoing must be sent via e-mail to email@example.com and must include your order number and identify the specific Products subject to cancellation.
3. Price and Terms of Payment:
3.1 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 this Site or an order acknowledgement, but the authoritative price in the event of any discrepancy is the price that is notified to you on our Acceptance.
3.2 We have the right at any time prior to our Acceptance to revise prices for any reason, including to take into account increases in costs including (without limitation) costs of any materials, 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 the Product descriptions or errors in pricing or shipping costs prior to product shipment. In such event, if you choose to continue with fulfillment of the order, you acknowledge that the Product will be provided in accordance with such revised description or corrected price.
3.3 The places that we deliver the Product are listed on the Site (“Territory“). Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery within the Territory (charges for which are stated on the Site); and (b) sales tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes and shipping of the Products as such costs are specified on the Site when you submit your order or as are notified to you under Section 3.2.
3.4 Payment shall be made prior to delivery and by such methods as are indicated on the Site (and not by any other means unless we have given our prior agreement). We will charge your credit card or other payment instrument upon Acceptance and prior to shipment of the Product. You represent and warrant that you have all necessary right and authority with respect to any payment instrument which you use to order Products necessary and hereby authorize us to charge such instrument for each order you place. We will not ship any order (whether single or recurring) if we are unable to charge your payment instrument for any reason.
3.5 All sales, discounts, coupons and promotions are subject to suspension and/or cancellation at any time and with or without notice.
4. Delivery and Risk:
4.1 Delivery timescales/dates specified on the Site, in any order acknowledgement, Acceptance or elsewhere are estimates only. While we endeavor to meet such timescales or dates, we may not be able to ship the ordered Products by a particular date or dates and shall not be liable to you in respect of delays or failure to do so.
4.2 Delivery shall be to a valid address within the Territory submitted by you in your order (“Delivery Address“). You must check the Delivery Address on any acknowledgement 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.
4.3 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 a Product delivery in whole or in part by reason of short delivery.
4.4 Except as otherwise provided in these Terms, risk of loss of or damage to the Product passes to you on delivery.
5. Rejection; Damage or Loss in Transit; Exchange Policy:
5.1 Except as set out below as part of the “Exchange Policy” set forth below and subject to any rights you have under applicable law that cannot be excluded or limited by these Terms, we shall not be liable and you shall not be entitled to return or receive a refund for Products, except for shipment of the wrong Product or a Product past its expiration date as of the delivery date (where applicable), in each case where notified to us within five (5) days of receipt of the Product (the foregoing constitutes our “Exchange Policy“) in accordance with Section 5.2 set forth below.
5.2 In the event you want to return a Product under the Exchange Policy, you must email us at firstname.lastname@example.org within five (5) days of delivery of the applicable Product and we will arrange for return shipping of the Product (which must include all original packaging) at our sole expense. Upon receipt by us of the returned Product and verification of the reason for return, we will ship out to you a replacement Product (if available) or provide a refund, at your option, as soon as reasonably possible.
6. Limitation of Liability:
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE: (A) OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCT YOU ORDERED THAT IS MOST CLOSELY RELATED TO YOUR DAMAGES; AND (B) IN NO EVENT SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
7. Product Descriptions; Disclaimer of Warranties:
7.1 All Product descriptions, photographs and other information on the Site or made available by us are intended to represent no more than a general illustration of the applicable Product and do not constitute a warranty or representation by us that the Product will conform with the same in each and every respect.
7.2 THE PRODUCTS ARE PROVIDED WITHOUT ANY WARRANTIES OR SUPPORT OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON OR OBLIGATE US. THE PRODUCTS ARE EXPRESSLY PROVIDED TO YOU “AS IS.”
7.3 CERTAIN STATE LAWS DO NOT ALLOW DISCLAIMERS, LIMITATIONS OR EXCLUSIONS OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
8. Consents, Customs, Duties & Export
You may be subject to customs charges, import duties and taxes, levied when the Product reaches your specified destination. Any such additional charges for customs clearance or import duties or taxes must be met by you, since we have no control over what these charges are. You should contact the local customs office in the relevant jurisdiction for further information on customs policies or duties.
9.1 This Section 9 is referred to herein as the “Arbitration Agreement.” The parties agree that any and all controversies, claims, or disputes between you and us arising out of, relating to, or resulting from these Terms, shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies). The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
9.2 THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
9.3 Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures (the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 6. You may visit http://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against us.
9.4 The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise.
9.5 The arbitrator will decide the substance of all claims in accordance with the laws of the state of New York, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different customers of ours, but is bound by rulings in prior arbitrations involving you to the extent required by applicable law.
9.6 Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA’s Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.
9.7 All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
9.8 If a court decides that any term or provision of this Arbitration Agreement other than Section 9.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 9.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Terms will continue to apply.
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, 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 or materials and in such event we may elect to cancel your order and refund any payments made. You acknowledge that these Terms supersede and cancel all previous contracts, agreements and working arrangements whether oral or written, express or implied, between us. These Terms 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.
No waiver of any term or condition of these Terms shall be effective unless made in writing and signed by us. The waiver of any breach of any Term shall not be construed as a waiver of any subsequent breach or condition. The construction validity and performance of these Terms shall be governed by the laws of the state of New York.
11. California Residents
If you are a California resident, we are required to inform you that you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 928-1227.