TERMS AND CONDITIONS OF SALE
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
- Order Acceptance and Cancellation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled, you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
Once an order has been placed, it cannot be canceled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.
We do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products and services which are offered on our site.
We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
- Payment Terms and Sales Taxes
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.
We accept credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below, and where applicable.
- Changes in Products and Pricing
We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on the availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our site.
All pricing for the products and services available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
- Shipping Policy
We offer a variety of shipping options to meet your shipping needs. We use only premium carriers with various delivery options available for many items. Please check the individual product page for specific delivery options. All deliveries are insured and guaranteed against loss, theft and damage. All shipping prices are quoted in United States dollars. No C.O.D. orders can be accepted.
Please note the posted shipping time frame is listed on the individual product page and may vary from item to item. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization.
There may be occasional delays beyond the posted order processing time. If the delay is more than 7 business days, we will send you an e-mail message notifying you of the delay. If the delay will be less than 3 business days, we will ship the product as soon as it is received. If your product is on backorder for more than 30 business days, we will send you an e-mail message asking if you want to cancel the order. If you do not advise us that you would like to cancel the order, we will keep the order active and continue to send you inquiries every 14 business days until the order is canceled or delivery occurs.
These shipping terms are accepted by you by placing an order with us.
- Disclaimer and Limitation of Liability
Our responsibility for defects relating to the products and services available on our site is limited to the procedures described in our return policy set forth below. ALL PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL EVOLVING WELL, LLC OR ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NO EMPLOYEE OR REPRESENTATIVE OF EVOLVING WELL, LLC IS AUTHORIZED TO MODIFY THIS LIMITATION.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
- Cancellation, Refund, and Chargeback Policies
While we do not offer any warranties with respect to the products and services available through our site, we are committed to working with you to ensure maximum customer satisfaction.
Evolving Well, LLC, 100 West Fornance Street, Norristown, PA 19401
Cancellation of subscriptions: All subscriptions, trial or otherwise, are non-refundable. Subscriptions are transferable. If you wish to contact me to cancel your subscription, you can do so by CLICKING HERE and submitting the form.
Cancellation of Private Sessions: there is a strictly enforced 24-hour cancellation policy. If you do not contact Jennifer Fugo to inform her of any cancellations by providing at least 24-hours’ notice of your intent to cancel any scheduled appointment, you will still be required to pay for the session in full. On a case-by-case basis, Jennifer Fugo will decide if the appointment can be rescheduled or if you will need to book and pay for a new session.
Refunds: Digital downloadable products are generally subject to a 14-day 100% money-back guarantee. This 14-day money back guarantee begins as soon as the purchase is confirmed by the merchant. The only exceptions to the refund policy are:
- Any digital downloadable products/courses/resources purchased on sale with a discount greater than 30% off the regular price. In this case, there is no refund for the discounted purchase as all sales are final.
- When the refund policy clearly differs from what is stated herein and is prominently displayed on the sales page of a particular product (ie. Eczema & Psoriasis Bundle (early bird), Clear Skin From Within Masterclass). The respective refund policies posted on the sales pages of these products supersede the general refund policy.
- No refunds will be granted to participants of group coaching programs (ie. Gluten-Free Sugar Cleanse) once the manual and course materials are released.
- Any private coaching programs that are one-on-one private sessions and programs as well as “Pick My Brain” sessions are not refundable once they are purchased.
Please check the date of purchase before contacting me. CLICK HERE and submit your request in the form if you would like to request a refund. Charges will appear as Evolving Well, LLC on your credit card/debit card statements. Evolving Well, LLC takes all requests for refunds seriously, and promptly acts to resolve any and all issues within fifteen (15) days from the date of the request. You expressly agree to provide Evolving Well, LLC fifteen (15) days from the date a request for refund is made to resolve any such issues before submitting a chargeback request to your credit card company. Failure to do so will result in a full defense to any such chargeback requests.
In the event a chargeback is submitted that we consider to be fraudulent, we reserve all rights to pursue any fraudulent chargebacks to the fullest extent of the law, including but not limited to litigation. By purchasing goods or services from Evolving Well, LLC, you expressly agree not to file any fraudulent chargeback requests. In the event Evolving Well, LLC pursues legal action against you for a fraudulent chargeback and is successful, you agree to pay any and all associated penalties, costs, and reasonable attorneys’ fees in connection with any such legal action.
Questions regarding our cancellation and return policies should be addressed via e-mail to firstname.lastname@example.org Attention: REQUEST FOR REFUND/CANCELLATION. These policies set forth your sole and exclusive rights with respect to return of products and services that you may purchase through our site.
- Privacy and Customer Information
At any time, you may update your customer account information by following the instructions posted elsewhere on this site. Here you may update your name, password, billing address, shipping address, e-mail address, telephone number, and credit card information.
9. Force Majeure
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
10. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.
11. Governing Law and Statute of Limitations
This site (excluding linked sites) is controlled by us from our offices within the State of Pennsylvania, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Pennsylvania, by accessing this site both of us agree that the statutes and laws of the State of Pennsylvania, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Pennsylvania and the United States District Court for the Eastern District of Pennsylvania with respect to such matters.
We make no representation that the products and services available through our site are appropriate or available for use in locations outside of the United States, and accessing them from territories where such products and services are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.