GarciniaCambogiaFatBuster.com / DS Marketing USA, Inc. Terms and Conditions
Effective Date: October 8, 2011
Last Modified: October 12, 2012
1. Preliminary Provisions:
These Terms and Conditions (hereinafter "T&C's" or "Agreement") govern your use of GarciniaCambogiaFatBuster.com, its subdomain and directories, and any and all products purchased via our website.
Through the use of these T&C's, we are placing legal conditions on your use of our website and any and all products purchased via it (GarciniaCambogiaFatBuster.com, hereinafter the "Service"), and making certain promises to you.
By using, accessing or ordering products from our Website, you hereby agree to all of the following terms.
2. Party Definitions:
"We" are the service and goods provider of GarciniaCambogiaFatBuster.com, DS Marketing USA, Inc., a company formed in the United States. When this Agreement uses first-person pronouns such as "us," "we," "our," "ours," etc., those first-person pronouns are referring to us as DS Marketing USA, Inc..
"You," the Customer. As a User of our Service and Purchaser of our Products, this Agreement will refer to the Customer as "You" or through any second-person pronouns, such as "Yours," etc. Hereinafter, the Customer, User of the Service and Buyer of our Products shall be referred to in applicable second-person pronouns.
When the term "Website" is used in this set of T&C's, it means GarciniaCambogiaFatBuster.com, unless the Agreement specifically says otherwise.
When the term "Products" is used in this set of T&C's, it means any product sold via GarciniaCambogiaFatBuster.com, unless the Agreement specifically says otherwise.
Consideration for Your acquiescence to all of the provisions in this Agreement has been provided to You in the form of allowing You to use Our Website, Our Services and Our Products. You agree that such Consideration is both adequate, and that it is received upon Your using any portion of the Service and Products, including viewing or downloading any portion of Our Website, or purchasing or requesting a trial of any of Our Products.
Our first condition is that you must agree to all of the conditions in this set of Terms and Conditions of use. If You do not wish to be bound by each and every provision in this Agreement, then You are not welcome to use our Service nor purchase Our Products, and should look for alternative services and products.
You may not unilaterally disregard any portion of this Agreement. However, if there is a particular portion of this Agreement that You wish to avoid, You may contact Us to negotiate a separate agreement before You use the Service or purchase any Products. We cannot guarantee that such negotiations will be successful. Nevertheless, if You wish to negotiate Your own personalized Agreement, please contact Us.
If you do not understand all of the terms in this Agreement, then you should consult with a lawyer before using Our Service or purchasing Our Products.
4. Revisions to this Agreement:
We may, from time to time, revise this Agreement. We reserve the right to do so, and You specifically agree that We have this unilateral right. You agree that any modifications or changes to this Agreement are in force immediately upon posting. The updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect.
If We change anything in this Agreement, We will change the "Last Modified" date at the top of this Agreement. The most recent version of this Agreement can be accessed at any time using a web browser. You agree to revisit this page on a monthly basis, and to use the "Refresh" button on Your browser when doing so. Upon each visit, You agree to note the date of the last revision to this Agreement. If the "Last Modified" date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the "Last Modified" date has changed, then You can be certain that something in the Agreement has been changed, and You agree that You will re-review the Agreement in its entirety and that You will agree to the new terms or immediately cease use of our Service and Products.
Waiver. If You fail to re-review this Agreement as required to determine if any of the terms have changed, You assume all responsibility for such omissions and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.
5. Membership and Registration:
In order to use the Service and purchase the Products, You must register for a username and password. If You have not done so already, You may create a free account on the Registration Page. If You have enrolled in the Service via a promotion, We may automatically generate a password for You. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify Us of any unauthorized use of Your password or account or any other breach of security and (b) ensure that You exit from Your account at the end of each session. We cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section.
6. Shipping Policies:
All orders are processed immediately upon receipt of payment. Our aim is to ship your order as soon as possible, so that you can enjoy the quality of our products immediately. Typically, orders are processed and dispatched within 24 hours, Monday through Friday.
Most orders are shipped via express courier and You can expect to receive your order anywhere between 2 to 4 business days, depending on your location. You will receive a tracking number via email once your order has been dispatched. Please note that a signature will be required upon delivery.
We are not responsible for lost or stolen items. If your item is undelivered beyond the applicable shipping time frame, it is Your sole responsibility to notify Us in writing.
We are not responsible for any delays or additional charges that may arise due to customs tariffs, duties, taxes, handling fees or any other associated checks. It is Your sole responsibility to bear any and all such additional expenses.
It is in Our sole discretion to cancel and refuse shipment of any order. In such event, all associated charges will be refunded in full, under our Return and Refund Policies outlined below.
Please note that We cannot ship, fulfil or accept orders placed from or to the following countries: Australia, Burma (formerly Myanmar), Cote d'Ivoire, Cuba, Democratic Republic of the Congo, Iran, Iraq, Lebanon, Liberia, Malaysia, North Korea (Democratic People's Republic of Korea), Palestinian Territories, the Philippines, Singapore, Somalia, Sudan, Syria, Thailand, Zimbabwe.
7. Return and Refund Policies:
As part of our 100% Satisfaction Guarantee, if you are not completely satisfied with your purchase, for any reason, you can return the product up to 14 days after delivery of your order for a full refund of the initial purchase price (less any applicable shipping and handling charges for our customers located outside of the European Union member states).
Any returned items must be unused, in their original condition and packaging. We cannot issue refunds for returned items that are damaged, opened, used or tampered with in any way whatsoever evident.
If you wish to return the Products you have purchased, please send them here:
4046 Sharpsburg McCollum Rd.
Newnan, GA 30265
The cost of returning goods is solely yours to bear. Please note that we cannot pay, issue a shipping label or reimburse you in any way whatsoever for the shipping and handling costs of goods that you wish to return.
We are in no way responsible for lost or stolen items and strongly encourage You to send any return Products via registered mail with a delivery confirmation. Once Your return has been received by Our shipping department, it normally takes 2 to 3 business days process your refund.
Refunds for the original price of Our Products can be processed only after the returned goods have been received by Us. We cannot issue refunds to You in advance or in good faith. We reserve the right to refuse refunds to customers who repeatedly requests refunds or who, in Our sole discretion, request refunds in bad faith.
Refunds normally take 3-5 business days, but can take up to thirty calendar days to appear on Your statement, depending on your banking institution. If You would like to know whether a refund has been issued, please contact Our Customer Care department.
Refunds can only issued to the same credit card that was charged when ordering Products. We cannot issue refunds in cash, by check, money order or any other similar method. We reserve the right to neither process nor refund packages marked “Return to Sender” or “Delivery Refused”.
8. General Billing, Trial, Promotional, Special and Limited Time Offers Policies:
We accept the following currencies: American dollars (USD), British pounds (GBP), Canadian dollars (CAD) and Euros (EUR). We reserve the right to charge You in whichever currency We deem appropriate. The relevant currency will be displayed on the checkout page before completing Your order. We neither responsible for nor have the ability to refund overdraft fees, currency fluctuations, exchange rates, international and other bank fees or financial penalties that may be levied by Your issuing institution and posted to Your statement or account. You agree to bear all such associated costs.
Our currently supported payment methods include credit and debit cards branded as Visa, Visa Electron, MasterCard, Cirrus, Maestro, American Express and Diners Club, as well as European direct debit in select countries. Please note that all American Express and Diners Club card will be charged in USD. We and Our acquirers reserve the right to decline Your transaction.
9. Cancellation Policies:
Orders can be normally be cancelled if You contact our customer service department the same day the order was placed on. As we strive to dispatch all orders as soon as possible, usually the next business day, we may be unable to cancel your order prior to its dispatch at all times. Please refer to our Return and Refund policies for further information.
If you have paid for a promotional trial of one of our products, you may request that your trial be cancelled within the nominal trial period (usually, 14 days from the day your order was delivered). Then you may return the trial goods to us and no further charges will be levied on you.
Please note that all trial goods must be returned under our Return and Refund policies for a trial cancellation to be upheld. We reserve the right to charge you the full price of any goods sent to you in good faith on a trial basis should you refuse to return the merchandise as agreed to under the Return and Refund policies.
If you have enrolled in our AutoRefill program, you may altogether cancel or amend the frequency of automatic shipments at any time by contacting our customer care dept. or by securely logging into your account. AutoRefill cancellations are immediate and only applicable to further shipments. Any AutoRefill packages already dispatched fall under our standard Return and Refund policies.
We may, in Our sole discretion, cancel and refuse shipment of any order, at any time, with or without a reason. In such event, we shall refund all associated charges in full, under our Return and Refund Policies outlined in this Agreement.
10. Limitation of Liability:
Disclaimer of Warranties. You expressly agree that the Service and Products are provided "as is" and that use of the Service and Products is at Your own risk. No warranty, representation, condition, undertaking or term - express or implied, statutory or otherwise - including but not limited to the condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability, or fitness for a particular purpose or use of the Service and Products is given or assumed by us. All such warranties, representations, conditions, undertakings and terms are hereby excluded. We make no warranty that the Service and Products will meet Your requirements and expectations.
In no event shall We be liable to any party for any damages including without limitation, any direct, indirect, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, loss of profits and savings and the like), or any other damages arising - in any way, shape or form - out of the availability, use, reliance on, inability to utilize or improper use of the Service and Products even if We shall have been advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise.
In no event shall We be liable to You for any delays, inaccuracies, errors or omissions with respect to the Products or the transmission or delivery of all or any information thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the content of messages.
You agree to indemnify and hold Us and Our subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of Your use of the Service or Products, Your violation of any terms or conditions of this Agreement, Your violation of applicable laws, or Your violation of any rights of another person or entity.
12. Legal Disclaimer:
Our website may contain simulated imagery and/or manipulated graphics. Any such content is for strictly illustrative purposes only and We do not guarantee similar results.
Garcinia Cambogia has been found to be effective in the treatment of weight loss. However, our products are not intended to diagnose, treat, cure or prevent any diseases. If you have a serious over weight problem, please consult with your family doctor or another qualified specialist immediately.
All attributed testimonials on this page are from real customers.
No statement or information found on this on this page has not been evaluated by the United States Food and Drug Administration. In the event that You use any information found on Our website without a licensed medical practitioner's approval, You will be diagnosing for Yourself. No responsibility is assumed by Us, the author, publishers or distributors of this information should the information be used in place of a licensed medical practitioner's services. No guarantees of any kind are made for the performance or effectiveness of the preparations mentioned on this website. Furthermore, this information is based solely on the traditional and historic use of a given herb, or on clinical trials that are generally not recognized by any US government agency or medical organization.
We are not affiliated in any way with any third party brands that may be represented on Our website for illustrative purposes. They are all registered trademarks of their respective owners.
13. Waiver and Severability of Terms:
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavor to give effect to the Parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
14. Complete Agreement:
This Agreement, including any other documents that are incorporated by reference, constitutes the entire Agreement between the parties with respect to Your use of the Service and Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matter.
15. Governing Law:
This Agreement and all disputes or issues arising from it shall be governed exclusively by the laws of the United States, without regard to conflict or conflict of law principles.
Our corporation is legally headquartered in the United States, at 1820, W. Webster, Suite 101, Chicago, IL, 60614. Please note that this is only a legal address: packages returned to this address shall not be processed and refunds shall not be issued.
16. Surviving Sections:
All provisions of this Agreement that by their nature should survive termination will survive termination, including without limitation, provisions related to intellectual property, warranty disclaimers, limitations of liability, indemnity, governing law, and the general provisions.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.