For that reason these Terms and Conditions are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us at firstname.lastname@example.org.
PART A- Definitions and General Information
1. In these Terms:
“Agreement” has the meaning set out in clause 2.1 of these Terms;
"Products" means our products which may be ordered on the Site including Fit Caffeine;
“Site” means the website located at www.fitcaffeine.com
“Terms of Trade” means the terms of trade set out in Part C of the Terms;
“you”, “your”, “user” means the organization or individual who is a user (including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content) of the Site and or is ordering Product on the Site.
2. General Information
2.1 Parts A, B, C, D and E of the Terms are to be read in conjunction with one another and with any Order (as accepted by us), together make up a contractually binding agreement between you and us (“Agreement”) and constitutes the whole agreement between you and Fit Caffeine relating to its subject matter and supersedes all prior discussions and agreements between you and Fit Caffeine relating to the subject matter of these Terms.
2.2 If you enter our Site and/or submit an Order for Products with us then you agree to be bound by these Terms and Conditions.
2.3 These Terms are governed by the laws in force in United States and each party submits to the jurisdiction of the courts of the United States.
2.4 We may vary these Terms at any time by publishing a revised version of the Terms on this Site.You can review the most current version of the Terms at any time on this page.It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site, and/or purchase of Products from us following the posting of any changes constitutes acceptance of those changes.
3. License to use Site
3.1 We grant you a non-exclusive, worldwide, non-transferable license to use the Site in accordance with the terms and conditions set out in this Agreement.
3.2 You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
3.3 You must not add any content to the Site: (a) unless you hold all necessary rights, licenses and consents to do so; (b) that would cause you or us to breach any applicable law, regulation, rule, code or other legal obligation; (c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; (d) that would bring us, or the Site, into disrepute; or (e) that infringes the intellectual property or other rights of any person.
3.4 The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
3.5 You acknowledge and agree that: (a) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and (b) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
4. Intellectual Property Rights
4.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
4.2 By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and license to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorize any other person to do the same thing.
4.3 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
4.4 The license in clause 4.2 will survive any termination of the Agreement.
4.5 You represent and warrant to us that you have all necessary rights to grant the licenses and consents set out in clauses 4.2 and 4.3.
5.1 You represent and warrant to us that: (a) you have the legal capacity to enter the Agreement; and (b) you have complied with clause 3.3.
6.1 To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
6.2 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
6.3 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option: (a) in the case of goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of having the goods repaired, and (b) in the case of services: (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again.
7.1 These Terms terminate automatically if, for any reason, we cease to operate the Site.
7.2 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
8.1 You must not assign, sub-license or otherwise deal in any other way with any of your rights under these Terms.
8.2 If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
8.3 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it. Part C- Terms of Trade
9.1 These Terms of Trade apply to any purchase of any Products by you from this Site and relates to our online store located on the Site.
10.1 To submit an order for Products (Order), you must (a) complete and submit the online order following the directions on the Site.
10.2 We reserve the right to refuse any Order for any reason. In such case, we will notify you as soon as reasonably practicable and refund to you any payment in full.
10.3 All Products ordered are for personal use and gifting only. They must not be resold in any form or any place and we reserve the right to take legal action against unauthorized and unofficial sale of our Products.
11. Prices and Payment
11.1 A user may view prices published on the Site (“Prices”) in their own country’s currency but all prices shown at the final checkout point of the sale are shown in US Dollars. Prices are subject to change without notice.
11.2 The amount payable to us for an Order (“Order Amount”) will be the total of the following amounts: (a) the sum of the price of each Product ordered as indicated on the Site at the time of submitting the Order (Product Subtotal);and (b) the cost of delivery determined in accordance with the delivery terms stated below.
11.3 You must pay the Order Amount at the time of submitting the Order. Payment can be made by credit card and we accept Visa or MasterCard,. We can provide our bank details and Paypal account via email if you do not have a credit card.
11.4 Depending on the delivery location you may need to pay customs charges in addition to the Order Amount. We provide no advice on what these charges may be and suggest you contact the relevant government body in the delivery jurisdiction for information.
12. Shipping fees
12.1 The shipping fee will be: (a) Free when the Order is to be delivered by ordinary post to USA; (b) If express post is requested then shipping fees will apply. These fees are published on the Site and are subject to change,
12.2 Where the Order is to be delivered to an address outside of USA shipping fee’s apply. These fees are published on our Site and are subject to change.
13.1 Delivery of the Products will not commence until we have received full payment.
13.2 The Delivery time will be: (a) where the Order is to be delivered to a USA address, we will use reasonable endeavors to deliver the Order within 10 working days (Monday-Friday excluding official public holidays) from the date the Order was submitted by you; and (b) send the Order by USPS.
13.3 Where the Order is to be delivered to a USA address, we will: (a) use reasonable endeavors to deliver the Order within 10 working days from the date the Order was submitted by you; and (b) send the Order by USPS.
13.4 Where the Order is to be delivered outside USA, we will: (a) use reasonable endeavors to deliver the Order within 20 working days from the date the Order was submitted by you; and (b) Send the Order by USPS .
13.5 You will be required to sign for all deliveries made by registered mail and couriers. 13.6 We accept no responsibility for the delivery of Products once they have been dispatched from our warehouse.
14.1 Without limiting our legal rights arising from any failure by you to make a payment in accordance with these Terms of Trade, we reserve the right, in our absolute discretion, to take any of the following actions against you if you fail to make such a payment: (a) withhold supply and dispose of the Products requested in the Order, and/or (b) refuse to deal further with you, and we will not be liable to you for any loss or damage directly or indirectly resulting from any such action.
14.2 Products are sold and information is rendered to you on the understanding that you have sole responsibility for determining the suitability of the Products for the purposes for which you intend to use them to the fullest extent permitted by law. Please carefully read the Product Disclaimer in Part E.
14.3 Subject to the following "No Warranty" clauses and to the fullest extent permitted by law, the liability of us for any loss or damage suffered by you as a result of us breaching our obligations under these Terms or other tortious duty (including arising by reason of defects in the Products) is limited to a refund or replacement of the relevant Products.
15. No Warranty
15.1 Subject to the following clauses and to the fullest extent permitted by law, we give no warranty in respect of the Products.
15.2 For consumers the Products come with non-excludable statutory warranties and guarantees under consumer protection legislation, such as we are the rightful owner, the Products are reasonably fit for their usual purpose, are of acceptable quality, and match any description or sample. If we breach any of these non-excludable warranties or guarantees, you are entitled, at your option, to a refund or replacement of the relevant Products, and to compensation for any reasonable foreseeable loss.
15.3 You may also have express rights of action against us under consumer protection legislation if we supplied defective Products to you that cause you injury, loss or damage.
16. Refunds and Returns
16.1 To the extent permitted at law we offer no refunds unless a Product is faulty. If you receive a faulty Product you must immediately advise us via email and return the Product in its original packaging to us before we can provide a refund.
16.2 We do not offer refunds if a Product is lost once it has been dispatched from our warehouse.
16.3 We do not accept returns or provide refunds if you simply change your mind.
17. Force Majeure If we are delayed or hindered in or prevented from performing any of our obligations under any Order by reason of any event or circumstance beyond our reasonable control, we will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the event or circumstance has ceased.
18. GST and Other Taxes
18.1 Where we make a Taxable Supply to you under or in connection with these Terms or in connection with any matter or thing occurring under these Terms and the consideration otherwise payable for the Taxable Supply does not include GST, we will be entitled, in addition to any other consideration recoverable in respect of the Taxable Supply, to recover from you the amount of any GST on the Taxable Supply.
18.2 In these Terms, 'GST' means the tax payable on Taxable Supplies under the GST Legislation, 'GST Legislation' means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any related Act imposing such tax or legislation that is enacted to validate, recapture or recoup such tax and 'Taxable Supply' has the meaning given to it in the GST Legislation.
19.What Do We Do With Your Information? When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
20.1 How do you get my consent? (a) When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. (b) If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. 20.2 How do I withdraw my consent? (a) If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at customercare@fitcaffeine or mailing us at: Fit Caffeine PO Box 262222 Houston, TX 77207 United States 21. Shopify 21.1 Our online store is hosted on Shopify Inc who provide us with the online e-commerce platform that allows us to sell our Products and services to you.
21.2 Your data is stored through Shopify’s data storage, databases and the general Shopify application who store your data on a secure server behind a firewall.
21.3 If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
21.4 All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
21.5 PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
21.6 For more information on this service please read Shopify’s Terms of Service here or Privacy Statement here.
21.7 Although we engage all reasonable efforts to safeguard the security of your information, transmissions made on or through the internet cannot be guaranteed to be entirely secure. Please contact your financial institution immediately if you become aware of unauthorized use of your account.
22. Third Party Services
22.1 In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
22.2 However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
22.3 For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
22.4 In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
22.5 As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
23. Links When you click on links on our store, they may direct you away from our Site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
24. Google Analytics Our store uses Google Analytics to help us learn about who visits our Site and what pages are being looked at.
25.1 To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
25.2 If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
26.1 Here is a list of cookies that we use. We’ve listed them here so that you can choose if you want to opt-out of the cookies or not. (a) _session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc); (b) _shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits; (c) _shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer; (d) cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart; (e) _secure_session_id, unique token, sessional; (f) storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access; (g) PREF, persistent for a very short period, Set by Google and tracks who visits the store and from where.
27. Age of Consent By using this Site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
28.2 If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell Products to you.
29. Questions and Contact Information If you would like to:
access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at email@example.com or by mail at: Fit Caffeine PO Box 262222 Houston, TX 77207 United States Part E – Product Disclaimer Results from consuming Fit Caffeine may vary from person to person. Fit Caffeine is made up from natural earth grown ingredients and is a dietary supplement. Please do not to use when pregnant or breast feeding. If you are under 18 years old, please consult your parent or legal guardian before use. Fit Caffeine should NOT cause nausea, vomiting, severe abdominal pain or any unusual side effects but in the rare case that you do experience any of these, please stop use immediately and consult your doctor. Fit Caffeine may contain traces of gluten. It's recommended you consult your doctor if you have any specific medical conditions, heart issues or are taking medication before use. May effect contraception so best to use extra protection and consult your GP before use. Product not intended for ongoing use. This statement has not been evaluated by the FDA. This product is not intended to diagnose, treat, cure or prevent any disease.