Terms of Sale
This website, located at uniform resource locator www.bodycollective.com (the “Site”), is provided by Body Collective (“we,” “our,” or “us”) to the person accessing the Site (“you,” or “your”). By purchasing any products or services on Body Collective’s website (the “Site”), you, the customer, (“Customer”) accepts, without limitation or qualification, these Terms of Sale governing such purchase.
Users of the Site must be at least 18 years of age. Customer represents and confirms, through access and use of this Site, that Customer is at least 18 years of age or older and is fully able and competent to enter into the (i) terms, (ii) conditions, (iii) warranties, and (iv) representations set forth in these Terms of Sale. Customers under the age of 18, are not permitted to access or use this Site.
If these Terms of Sale are construed to be an offer, this offer expressly limits acceptance by Body Collective to the terms of this offer and notice of objection to any different or additional terms is hereby given. If these Terms of Sale are construed to be an acceptance of an offer, this acceptance is expressly conditioned upon Body Collective’s assent to any different or additional terms contained in these Terms of Sale. These Terms of Sale shall constitute the complete agreement with respect to any purchases of products. If you do not agree and accept, without limitation or qualification, these Terms of Sale, you may not purchase from Body Collective’s website.
- ACCOUNTS; AMENDMENTS
- Accounts. Upon registration of the Customer’s user account, the Customer affirms its acceptance to these Terms of Sale and confirms that it has read and accepted these Terms of Sale. These Terms of Sale will apply to each order that the Customer places through the Site.
- Amendments. Body Collective may, at any time and without notice, modify these Terms of Sale by revising them on the website. Any purchases made after the date of any such modification shall be controlled by the modified version. Customer should therefore periodically visit this page to review the current Terms of Sale. Customer may not modify these Terms of Sale except in a writing signed by Body Collective.
THE WARRANTIES DESCRIBED IN ANY PRODUCT DOCUMENTATION COMPRISE BODY COLLECTIVE’S SOLE AND ENTIRE WARRANTY OBLIGATION AND LIABILITY TO CUSTOMER, ITS CUSTOMERS AND ASSIGNS IN CONNECTION WITH THE PRODUCTS SOLD AND SUPPLIED HEREUNDER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED.
The sole and exclusive remedy of Customer against Body Collective shall be either the replacement, or issuing of credit, at Body Collective’s option, without additional charge to Customer for any products that Body Collective agrees are defective. THE CUSTOMER AGREES THAT NO OTHER REMEDY (INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL LOSS) SHALL BE AVAILABLE TO IT WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, AND CUSTOMER FURTHER AGREES TO INDEMNIFY AND TO HOLD BODY COLLECTIVE HARMLESS FROM ANY LIABILITY OR OBLIGATIONS INCURRED BY OR ASSESSED AGAINST BODY COLLECTIVE TO OR BY ANY PERSONS INJURED DIRECTLY OR INDIRECTLY IN CONNECTION WITH ANY OF THE PRODUCTS SOLD OR SUPPLIED BY BODY COLLECTIVE. BODY COLLECTIVE’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER FOR ANY SALE OF PRODUCTS SHALL BE LIMITED TO THE DOLLAR AMOUNT OF THE PRODUCT SOLD PURSUANT TO THE TRANSACTION TO WHICH THE LIABILITY RELATES.
- ORDERS; RETURNS; PAYMENT & DELIVERY
- Orders and Confirmations. An order placed through the Site is binding on the Customer. Body Collective reserves the right to decline any order. The Customer is aware that the Site system will submit online queries to the Body Collective order management system and that information provided to the Customer in reply is valid only at the actual time the query is submitted. Consequently, the information may change in the meantime between the query and the delivery of the product. Furthermore, the Customer’s user account may have been subject to restrictions with respect to credit limits and/or quantity of purchases. Any order in excess of such limits will automatically be rejected by Body Collective. The Site system will not automatically send an order confirmation. If the Customer requires an electronic order confirmation, the Customer may contact Body Collective Customer service separately.
- Delivery Times. Body Collective aims to meet the delivery times provided to the Customer after an order has been placed. However, Body Collective reserves the right to adjust the delivery time for the entire or parts of any order. If a Customer wishes not to complete a purchase because of such an adjusted delivery time, then the Customer is entitled to cancel the order with respect to the delayed part. Cancellations must be notified without undue delay. The right to cancel is the only and exclusive remedy available to the Customer because of delays.
- Returns. Customer is entitled to return non-customized, non-special order, stocked products within thirty days from the date of delivery. To qualify for return, the product must be unused and remain in undamaged and sealed original packaging, as well as match the current design and packaging for the product at the time of return. If Customer wishes to return products, Customer shall contact Customer Service for authorization and to obtain a return authorization number and other details.
- Payment Options. Body Collective accepts payment from qualified Customers through the Site by the following credit cards: Visa, MasterCard and American Express. Body Collective may also accept open account invoicing to qualified Customers upon credit approval. Please refer to Body Collective’s Channel Policy for further information on terms and condition of payment.
- Force Majeure. The conditions of a delivery are contingent upon any causes beyond Body Collective’s control including but not limited to Body Collective’s inability to acquire the necessary materials, acts of God, pandemic, epidemic, war, civil commotion, riots, embargoes, domestic or foreign governmental regulations or orders, forces of elements, strikes, labor disputes, machinery breakdowns or shortages of or inability to obtain shipping space or transportation.
- Disclaimers. BODY COLLECTIVE’S OBLIGATIONS HEREUNDER ARE SUBJECT TO CANCELLATION AND/OR RESCISSION BY BODY COLLECTIVE AT OUR OPTION. RISK OF LOSS, INJURY OR DESTRUCTION OF THE PRODUCTS SHALL PASS TO CUSTOMER UPON DELIVERY TO CARRIER.
- Taxes. Sales taxes, use taxes, or similar taxes will be added where imposed. All sales are made in accordance with our standard written policies. Prices and product status are subject to change without notice.
- Dietary Supplement Disclaimers.
Certain products displayed on the Site are dietary supplements. The accompanying statements pertaining to and about said products have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure or prevent any disease. The Site and the content therein is not intended to provide medical advice for the mitigation, cure, diagnosis, treatment of any disease. Always consult with a physician before implementing any supplement into your routine, including the products displayed or described on this Site. Always consult with a physician regarding any medical concerns or issues. Do not attempt to self-diagnose or treat any health problems or issues with the products or information contained on this Site in lieu of obtaining professional advice and/or treatment from a licensed medical professional. All information and data provided on this Site (or via links to 3rd party sites), as well as such provided in relation to the Products displayed here are for informational purposes only.
Body Collective is not responsible for the content or performance of any third party websites or companies. Links to or access from any third party websites or resources does not constitute an endorsement by Body Collective of third party sites, statements, opinions, products, information, practices, or resources. Any access or use of the aforementioned third party materials is at your own risk and unrelated to your use of the Site. Carefully read the label and product information of any product purchased from this Site before use.
Consult with your physician before use of any product or information displayed or contained on this Site. Medical treatment or advice should not be delayed or forgone as a result of the information and products contained or displayed on the Site. Individuals are different and may react differently to different products. Any comments, advice, product ratings, or product reviews made in any section on the Site by employees or other Site users are strictly their own personal views, and do not in any way constitute an endorsement of such by Body Collective. Any such comments, advice, product ratings, or product reviews are not intended as a substitute for appropriate medical care or advice from a healthcare professional. Body Collective is not liable for, nor does it adopt or endorse any information provided on the Site with regard to recommendations regarding supplements for any health purposes. Be sure to read product labels carefully for use instructions, ingredients, allergens, disclaimers, and warnings. Discrepancy notification should be carried out according to the information provided on the product label or packaging. You should contact the manufacturer directly for clarification as to product labeling and packaging details and recommended use. All health-related questions should be brought to your physician.
- GENERAL PROVISIONS
- Entire Agreement. This writing evidences the entire agreement between the parties and supersedes all prior written or oral representations or agreements. This Agreement may not be altered, modified, or waived orally, by course of performance, course of dealing or usage of trade.
- Severability. A holding that any term or condition hereof is void and unenforceable shall not render void or unenforceable any other term or condition.
- Governing Law. All questions, disputes or actions arising in connection with this Agreement shall be construed, resolved and governed in accordance with the Commercial Code of the State of New York without regard to its conflict of law provisions and excluding the United Nations Convention on the International Sale of Goods.
Last updated April 23, 2021