Terms & Conditions

1 • DEFINITIONS

In these Terms and Conditions, the following words and phrases have the following meanings:

‘Buyer’

the person or company purchasing the Goods

‘Commercial Unit’

a unit of Goods for which division of the unit would reduce the value of the Goods or damage the character of the unit

‘Confirmation of Acceptance’

the Seller’s confirmation that the Buyer’s order has been accepted and a binding agreement has been formed for the supply of Goods

‘Digital Content’

data which are produced and supplied in digital form

‘Goods’

what the Buyer is purchasing from the Seller

‘Parties’

the Buyer and the Seller

‘Party’

either one of the Buyer or the Seller

‘Seller’

the person or company selling the Goods, contact details can be found at clause 20

‘Terms and Conditions’

this document detailing the rights and responsibilities of the Parties

2 • GOODS

2.1 • The Seller is under a legal duty to supply Goods (including digital content) which are:

2.1.1 • of satisfactory quality;

2.1.2 • fit for purpose; and

2.1.3 • as described by the Seller.

2.2 • The Seller may modify or update, or require the Buyer or a third party to modify or update any Digital Content component of the Goods, provided that the Digital Content shall always match the description provided before purchase by the Buyer.

3 • ORDERING

3.1 • By ordering the Goods from the Seller, the Buyer makes an offer to buy the Goods for the price indicated by the Seller.

3.2 • The Seller will contact the Buyer by email to tell the Buyer any pertinent information about the order. This Confirmation of Acceptance is the Seller’s acceptance of the order made by the Buyer. When the Confirmation of Acceptance is received there will be a binding contract between the Parties in accordance with these Terms and Conditions. The binding contract will only be for the Goods that are included in the Confirmation of Acceptance. It may not cover all the Goods the Buyer ordered, for example if stock is unavailable.

4 • PRICE AND PAYMENT

4.1 • Occasionally, the Seller’s prices may change between the date of the order and the date of the Seller’s Confirmation of Acceptance in accordance with clause 3.2 above. Reasons for a price change include, but are not limited to, a change in the amount that the Seller is charged by his supplier(s) or a change in the tax rate. What happens when the price changes depends on whether the new price is lower or higher than the price originally given:

4.1.1 • if the new price is lower than that originally given, the Seller will charge the lower price and dispatch the Goods;

4.1.2 • if the new price is higher than that originally given, the Seller will either cancel the order or contact the Buyer to confirm whether he would prefer to cancel the order or pay the higher price for the Goods.

5 • DELIVERY

5.1 • If applicable, the Seller will arrange for the Goods to be delivered to the Buyer. Delivery will be attempted to the address provided by the Buyer for the purpose.

5.2 • Dates or times for the delivery of the Goods given by the Seller are estimates and cannot be relied on as definitive. The Goods will be sent within an estimated 2 days from the date of the Seller’s Confirmation of Acceptance in accordance with clause 3.2 above. Delivery for the purposes of this clause includes attempted delivery at the delivery address provided by the Buyer.

5.3 • If the Buyer or anyone nominated by the Buyer to take delivery of the Goods fails to take delivery when it is attempted, the Seller may charge the Buyer any costs incurred for storage and redelivery as a result.

5.4 • The Goods may be delivered directly from the manufacturer or the Seller’s supplier and may be delivered in a number of instalments.

5.5 • The Seller only delivers to North America.

6 • PASSING OF RISK AND OWNERSHIP

6.1 • The Goods will be at the Seller’s risk until delivered either to the Buyer or otherwise at the Buyer’s direction.

6.2 • The ownership of the Goods shall not pass to the Buyer until the Seller has sent the Confirmation of Acceptance to the Buyer under clause 3.2 and has received payment in full, regardless of whether the Goods have been delivered to the Buyer at that date.

6.3 • For the purposes of clause 6 if the Goods include Digital Content which is to be downloaded by the Buyer, the delivery of the Digital Content is effected at the time when it reaches the Buyer’s device.

7 • RIGHT TO CANCEL – GOODS

7.1 • Clause 7 does not apply to any Digital Content.

7.2 • The Buyer has the right to return items within 30 days.

7.3 • The return period will expire after 30 days from:

7.3.1 • where the Goods are to be delivered all together, the day on which the Buyer acquires, or a third party other than the carrier and indicated by the Buyer acquires, physical possession of the Goods;

7.3.2 • where the order is for multiple Goods ordered by the Buyer in one order and delivered on different days, the day on which the Buyer acquires, or a third party other than the carrier and indicated by the Buyer acquires, physical possession of the last of the Goods;

7.3.3 • where the contract relates to delivery of a Goods consisting of multiple lots or pieces, the day on which the Buyer acquires, or a third party other than the carrier and indicated by the Buyer acquires, physical possession of the last lot or piece; or

7.3.4 • where the contract is for the regular delivery of Goods during a defined period of time, the day on which the Buyer acquires or a third party other than the carrier and indicated by the Buyer acquires, physical possession of the first delivery.

7.4 • To exercise the right to return, the Buyer must inform the Seller, using the contact details provided in clause 20 below, of his decision to return the order by a clear statement (email).

7.5 • To meet the return deadline, it is sufficient for the Buyer to send his communication concerning his exercise of the right to return before the cancellation period has expired.

7.6 • The Buyer has no right to return this contract as described in clauses 7.1 to 7.5 if the contract relates to:

7.6.1 • the supply of Goods (other than the supply of water, gas, electricity or district heating) where the price is dependent on fluctuations in the financial market which cannot be controlled by the Seller and which may occur within the return period described at Clause 7.3;

7.6.2 • the supply of Goods relating to urgent repairs or maintenance where the Buyer has specifically requested a visit from the Seller for that purpose;

7.6.3 • the supply of sealed Goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;

7.6.4 • the supply of sealed audio or sealed video recordings or sealed computer software, if they become unsealed after delivery;

7.6.5 • the supply of Goods which become inseparably mixed with other items after delivery;

7.6.6 • the supply of Goods that are made to the Buyer’s specifications or are clearly personalized;

7.6.7 • the supply of Goods which are liable to deteriorate or expire rapidly;

7.6.8 • the supply of a newspaper, periodical or magazine (with the exception of subscription contracts for the supply of such publications);

7.6.9 • the supply of alcoholic beverages where their price has been agreed at the time of the conclusion of the contract, and their delivery can only take place after 30 days, and their value is dependent on fluctuations in the market which cannot be controlled by the Seller;

7.6.10 • the supply of a medicinal product by administration or under a prescription or directions given by a prescriber;

7.6.11 • the supply of Goods under arrangements for the supply of services as part of the health service, where the product is one that, in some circumstances, is available free or on prescription; or

7.6.12 • the supply of foodstuffs, beverages or similar which are supplied by the Seller on frequent and regular rounds to the Buyer’s home, residence or workplace.

8 • RIGHT TO CANCEL – DIGITAL CONTENT

8.1 • Clause 8 only applies to digital content.

8.2 • No digital content can be returned after delivered. Digital content will be delivered via email or a download link at the time of purchase.

9 • EFFECTS OF CANCELLATION

9.1 • If the Buyer cancels prior to the processing of the order (within 12 hours), the Seller will reimburse the Buyer all payments received from him, including the costs of delivery (except for the supplementary costs arising if the Buyer chose a type of delivery other than the least expensive type of standard delivery offered by the Seller).

9.2 • The Seller may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by the Buyer.

9.3 • The Seller will make the reimbursement using the same means of payment as the Buyer used for the initial transaction, unless the Buyer has expressly agreed otherwise; in any event, the Buyer will not incur any fees as a result of the reimbursement.

9.4 • The Seller may withhold reimbursement until he has received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest.

9.5 • If the Buyer has already received some or all of the Goods at the date of cancellation:

9.6 • the Buyer will send back the Goods or hand them over to the Seller using the contact details at clause 20 below, without undue delay and in any event not later than 7 days from the day on which the Buyer communicated his cancellation from this contract to the Seller. The deadline is met if the Buyer sends back the Goods before the period of 7 days has expired.

9.7 • The Buyer will have to bear the direct cost of returning the Goods.

9.8 • The Buyer will be liable for any reduction in the value of the Goods resulting from handling the Goods, other than handling which is necessary to establish the nature, characteristics and functioning of the Goods.

10 • RETURNS

10.1 • The following clauses apply depending on what Goods the Buyer wishes to return:

10.1.1 • If the Buyer wishes to return any Good that do not include Digital Content, see clauses 10.2 to 10.6 and 10.11 to 10.14.

10.1.2 • If the Buyer wishes to return an item of Goods that includes Digital Content and any part of the Goods or Digital Content does not conform to the standard set out in clause 2.1 above, see 10.2 to 10.6 and 10.11 to 10.14.

10.1.3 • If the Buyer wishes to return Digital Content only and the Digital Content does not conform to the standard set out in clause 2.1 above, see clauses 10.7 to 10.14.

10.2 • If the Goods are not of satisfactory quality, are unfit for purpose or are not as described, the Buyer has a right to reject the Goods and get a full refund. Alternatively, the Buyer can request that the Seller either repairs or replaces the Goods in these circumstances. If the Buyer wishes to exercise any of these rights, he must do so in writing using the contact details in clause 20 below.

10.3 • If the Buyer exercises his right to reject as described in clause 10.2 within 30 calendar days after the Goods are delivered to the Buyer, the Seller will:

10.3.1 • arrange to collect the Goods from the Buyer or ask the Buyer to return the Goods at the Seller’s expense; and either

10.3.2 • refund the Buyer the full amount paid if requested; or

10.3.3 • repair or replace the Goods if requested. If it is disproportionate in the circumstances for the Seller to repair the Goods he can choose to replace them instead. Equally, if it is disproportionate in the circumstances for the Seller to replace the Goods he may choose to repair them.

10.4 • If the Goods have been repaired or replaced pursuant to clause 10.3 above and the repair or replacement still does not meet the standard in clause 10.2 above, the Buyer is entitled to a full refund provided that he requests one from the Seller using the contact details in clause 20 below within whichever is the later of:

10.4.1 • 7 calendar days of receipt of the repair or replacement of the Goods; or

10.4.2 • if still within the 30-calendar day period from the delivery of the original Goods, whatever time is left on that, extended by the number of calendar days that the Buyer has had to wait to receive the repair or replacement of the Goods after notifying the Seller.

10.5 • If the Buyer exercises his right to reject as described in clause 10.2 more than 30 calendar days but less than 6 months after the delivery of the Goods to the Buyer, the Seller can choose whether to repair the Goods, replace them or give a refund in exchange for their return, provided the Seller’s choice can be effected within a reasonable time and does not cause significant inconvenience to the Buyer. If the Seller opts to repair or replace and the repair or replacement still does not meet the standard in clause 10.2 above the Buyer is entitled to a full refund or, if he wishes to keep the Goods, a price reduction that takes the problems into account provided that he requests one from the Seller using the contact details in clause 20 below.

10.6 • The Buyer is not entitled to only reject part of the Goods if the Goods form a Commercial Unit. In these circumstances, the Buyer must reject all or none of the Goods.

10.7 • If Digital Content is not of satisfactory quality, unfit for purpose or not as described in these Terms and Conditions, the Buyer has a right to request that the Seller either repairs or replaces the Digital Content. If the Buyer wishes to exercise either of these rights, he must do so using the contact details in clause 20 below. The Buyer does not have a right to a refund except as described below.

10.8 • If the Buyer exercises his right to request a repair or replacement under clause 10.7 within 6 calendar months of the Digital Content reaching the Buyer’s device, the Seller will repair or replace the Digital Content as requested. If it is disproportionate in the circumstances for the Seller to repair the Digital Content he can choose to replace it instead. Equally, if it is disproportionate in the circumstances for the Seller to replace the Digital Content he may choose to repair it.

10.9 • If the Buyer exercises his right to request a repair or replacement under clause 10.7 more than 6 calendar months after the Digital Content reaches the Buyer’s device, the Seller will only repair or replace the Digital Content if satisfied that the problem with it existed on the day it was supplied to the Buyer. If it is disproportionate in the circumstances for the Seller to repair the Digital Content he can choose to replace it instead. Equally, if it is disproportionate in the circumstances for the Seller to replace the Digital Content he may choose to repair it.

10.10 • If the Digital Content has been repaired or replaced pursuant to clause 10.8 or 10.9 above and the repair or replacement still does not meet the standard in clause 2.1 above, the Buyer is entitled to a price reduction. The amount of any reduction will take into account the problems with the Digital Content and may be up to the full price. If the Buyer has already paid more than the reduced price for the Digital Content, the Seller will refund the difference.

10.11 • Any refund payable under any part of clause 10 will be paid within 7 calendar days of the Seller agreeing that the Buyer is entitled to a refund. The Seller may not be able to tell whether the Buyer is entitled to a refund until it has received any returned Goods and has had an opportunity to examine them.

10.12 • The Buyer cannot rely on any issue concerning the Goods as a reason for returning them if, before entering into this contract, the Buyer was expressly informed of the issue or used a trial version of the Goods from which the issue was obvious.

10.13 • If the Goods are perishable, they are not returnable after the date by which the Goods can reasonably be expected to perish.

10.14 • Nothing in this clause prevents the Buyer from seeking other remedies to which it is entitled by law.

11 • LIABILITY AND INDEMNITY

11.1 • Nothing in these Terms and Conditions seeks to limit the liability of the Seller for fraudulent acts or omissions, death or personal injury caused under or in connection with this sale of Goods, whether arising in contract, negligence, tort, breach of statutory duty or otherwise.

11.2 • Neither Party shall be liable to the other whether in contract, negligence, tort, breach of statutory duty or otherwise for any loss or damage sustained by the other Party indirectly or consequentially and including but not limited to economic loss or loss of profits, goodwill or business in general.

11.3 • Subject to clauses 11.1 and 11.2, the Seller’s total liability to the Buyer will not, in any circumstances, exceed the total amount of the price payable by the Buyer.

11.4 • In the event that the Buyer or his servants or agents breach these Terms and Conditions, or are negligent in their actions, the Buyer will, to the fullest extent permitted by law, indemnify the Seller against any liability, loss, claim, damage, expense suffered by the Seller as a result.

12 • AMENDMENT AND ASSIGNMENT OF THESE TERMS AND CONDITIONS

12.1 • These Terms and Conditions can only be amended by the agreement of the Parties in writing with signatures on behalf of both.

12.2 • The Seller is permitted to assign or transfer the Agreement or any rights or obligations under it, or subcontract the same for performance to a third party. The Buyer is not permitted to assign or transfer the Agreement or his rights or obligations under it without the prior written permission of the Seller.

13 • SEVERANCE

13.1 • If any of the provisions of these Terms and Conditions are unlawful, invalid or otherwise unenforceable, such provisions shall be severed from the remainder. The remainder of the Terms and Conditions will remain valid and enforceable notwithstanding any such severance.

14 • THIRD PARTIES

14.1 • For the purposes of the Contracts (Rights of Third Parties) Act 1999, these Terms and Conditions are not intended to and do not confer any rights on any person who is not a Party. Any person who is not a Party does not have the right to enforce any provision of these Terms and Conditions.

15 • CIRCUMSTANCES BEYOND THE CONTROL OF THE PARTIES

15.1 • Neither Party shall be liable for any delay or failure to perform any term or part of these Terms and Conditions due to circumstances beyond the reasonable control of that Party. Such circumstances include—but are not limited to—industrial action, lock out, trade dispute, accident, fire, flood, natural disaster, power failure or internet service provider failure. As soon as is reasonably possible after the discovery of such circumstances, the affected Party must notify the other Party in writing of any anticipated or existing delay or failure in performance.

15.2 • If the circumstances referred to in clause 15.1 above continue for a period of longer than 14 days, either Party can terminate the sale by giving 2 days’ notice in writing to the other. The Buyer must use the Seller’s contact details provided at clause 20 below. All money owing under these Terms and Conditions before the circumstances arose shall be paid immediately.

16 • ENTIRE AGREEMENT

16.1 • These Terms and Conditions and the Confirmation of Acceptance are the entire agreement between the Seller and the Buyer and supersede any and all prior terms, conditions, warranties or representations to the fullest extent permitted by law.

17 • WAIVER

17.1 • Any failure or delay by the Seller in using rights or powers provided by these Terms and Conditions shall not constitute a waiver of the whole or any part of the Terms and Conditions. The partial or sole use of any rights or powers provided by these Terms and Conditions shall not prevent any additional use of the same rights or powers. The rights, powers and remedies in these Terms and Conditions are additional to the rights of the Parties provided by law.

18 • GOVERNING LAW AND JURISDICTION

18.1 • These Terms and Conditions shall be governed by and construed in accordance with Canadian law and the courts of Canada will have exclusive jurisdiction in relation to them.

19 • COMPLAINTS

19.1 • In the event of a complaint of any nature the Seller can be contacted using the details below.

20 • CONTACT DETAILS

20.1 • The Seller is Exuber8 Nutrition and can be contacted at answers@exuber8nutrition.com. In circumstances where the Buyer is required to contact the Seller in writing, they can write to the Seller at answers@exuber8nutrition.com.

HEALTH DISCLAIMER

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Results begin after 3 weeks of continued use because Ashwagandha needs to build up in the body to reach full efficacy.

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