STANDARD TERMS AND CONDITIONS OF SALE
OF MINDFUL EFFECT, LLC.
- Applicable Contract Provisions. These Standard Terms and Conditions of Sale, together with any other documents which Mindful Effect, LLC. (“Mindful Effect”) has executed and specifically reference as part of the contract with Buyer, shall constitute the entire agreement between Mindful Effect and Buyer regarding the purchase of goods from Mindful Effect (the “Products”) and supersede all other agreements and understandings, whether written or oral, between the parties with respect to the purchase of the Products. Buyer’s acceptance of any offer submitted by Mindful Effect is expressly conditioned upon Buyer’s acceptance of these Terms and Conditions of Sale, and no other terms or conditions shall apply to the sale of Products by Mindful Effect to Buyer unless expressly agreed to by Mindful Effect in writing.
- Orders. Buyer may submit an order for Product by submitting an order through Mindful Effect’s website. Buyer’s receipt of an electronic or other order confirmation does not signify Mindful Effect’s acceptance of the order, nor does it constitute a confirmation of Mindful Effect’s offer to sell. Mindful Effect reserves the right at any time after receipt of an order to accept or decline such order for any reason.
- Purchase Price.
- a. Price. The price for the Products shall be the price set forth on Mindful Effect’s price list in effect as of the date of delivery requested by Buyer. In the event a product is listed at an incorrect price or with incorrect information due to typographical or other errors, Mindful Effect shall have the right to refuse or cancel any such orders, whether or not the purchase order has been confirmed. If Buyer’s credit card has already been charged for a cancelled order, Mindful Effect will immediately issue a credit to Buyer’s credit card account in the full amount of the charge.
- b. Shipping and Taxes. Buyer is responsible for paying all shipping costs and any federal, state or local sales or use tax, which may be imposed upon the Products ordered by Buyer from Mindful Effect. For Products shipped internationally, Buyer is also responsible for payment of any import duties or taxes. All Products are shipped via electronically or UPS and will arrive approximately 6-8 weeks from the date the order is submitted to Mindful Effect. Orders sent to Hawaii, Alaska or Puerto Rico may take longer to arrive. Currently, Mindful Effect is only accepting orders for shipment to the United States and Canada.
- Payment Methods.
- a. Credit Cards. Mindful Effect accepts Visa, MasterCard and bank transfers through Paypal payment methods.
- b. Processing of Credit Cards. Mindful Effect uses Paypal, a leading payment gateway, to process credit card transactions of buyers of the Products. The Paypal manages the complex routing of sensitive customer information through the credit card and electronic check processing networks. PayPal adheres to strict industry standards for payment processing. Our credit card processing is though a secure certified site with GoDaddy.com Web Server Certificate. Contact Mindful Effect with payment inquiries at: firstname.lastname@example.org.
- c. Late Payment. Mindful Effect shall not have any obligation to ship the ordered Products until full payment has been made for the Products (including shipping and handling fees and taxes) and shall not have any liability to Buyer for delay or failure to deliver the ordered Products due to non-payment.
- Shipment and Delivery.
- a. Damage to Products During Shipment. Mindful Effect will package the Products for shipment in accordance with standard commercial practices. UPS shall be deemed to be the agent of Buyer and Buyer shall make all claims with respect to damage in transit against UPS.
- b. Title to Products, Risk of Loss. Title to and all risk of loss concerning the Products to UPS for delivery to the address provided by Buyer in its purchase order. Buyer’s rejection of any Products shall not shift such risk until the Products are returned to Mindful Effect, freight prepaid, pursuant to Mindful Effect’s written authorization.
- c. Delivery Schedule/Delays. The delivery dates specified in this Agreement are estimates only based on prevailing conditions as of the date hereof, and Mindful Effect’s failure to meet the same shall not be deemed a breach of any purchase order or other agreement with Buyer. If a Product is not available or there are problems with an order that will cause a delay, Mindful Effect will notify Buyer of such fact via email. Mindful Effect will not refund shipping costs or otherwise be liable to Buyer should Buyer refuse to accept delivery of the Products or if Buyer provided incorrect, inaccurate or incomplete address information causing a problem with delivery of the order.
- d. Force Majeure. Mindful Effect shall not be liable to Buyer for any delay or failure of delivery or of any other performance caused in whole or in part by any contingency beyond Mindful Effect’s reasonable control, including, without limitation, acts of God, flood, fire, acts of any government or any agency or subdivision thereof, acts of terrorism, or shortage of or inability to secure labor, fuel, energy, raw materials, supplies or machinery at reasonable prices or from regular sources. Mindful Effect shall have the right to allocate Products between its various customers during a period of shortages without incurring any liability whatsoever to Buyer.
- e. Cancellation or Modification of Order by Buyer. A purchase order cannot be cancelled or modified after Mindful Effect’s acceptance or after the Products become work in process, whichever occurs first, except at Buyer’s expense for all damages incurred by Mindful Effect due to such cancellation or modification.
- Return of Products. Mindful Effect will accept the return of any ordered Product within thirty (30) days after the date of delivery so long as the Product has not been used, subject to a twenty percent (20%) restocking charge. Mindful Effect will not accept soiled, used or damaged Products for return. A Return Authorization Number (“RA#”) must be obtained from Mindful Effect’s customer service staff before returning any Product. Customer service staff may be contacted by email at email@example.com or by telephone at 763-360-7073. Buyer must return the Products within seven (7) days after receipt of the RA# at which time the RA# expires. Return shipping charges are the sole responsibility of Buyer. Mindful Effect reserves the right to return any Product to Buyer that is received without an RA# or with viable usage. Please allow fourteen (14) days to process refunds. Credit card purchases can only be refunded to the original purchasing credit card. Mindful Effect will notify Buyer by email when Mindful Effect receives the returned Product. The purchase price of the returned Product less the 20% restocking charge will be refunded for accepted returns. Shipping, handling and taxes on returned Products are non-refundable. Any defects in a Product should be reported in accordance with the procedures set forth in Section 8(b) below.
- Trademark. Buyer acknowledges that Mindful Effect’s name and all trademarks, trade names, or identifying slogans relating to the Products created or used by Mindful Effect, whether or not registered, constitute Mindful Effect’s exclusive property and cannot be used except in connection with promoting and selling the Products. Mindful Effect hereby grants and Buyer hereby accepts, a non-exclusive, non-transferable, non sublicenseable, non-assignable, royalty-free license to use Mindful Effect’s name, trademark(s), and logo (collectively “Proprietary Marks”) solely for purposes of marketing the Products. All advertising and promotional materials utilizing the Proprietary Marks shall be subject to the prior written approval of Mindful Effect, including, without limitation, any use of the Proprietary Marks on Buyer’s website or any other Internet use. Buyer agrees that any use of the Proprietary Marks shall inure to the benefit of Mindful Effect. Buyer agrees it will not use, register or otherwise appropriate any name, mark, logo or domain name which is similar to or may be confused with any name, mark or logo licensed by Mindful Effect hereunder.
- a. Limited Warranty. Mindful Effect warrants to the Buyer that the Products will be free from defects in materials and workmanship for a period of thirty (30) days after the date of shipment of the Products. Mindful Effect’s SOLE OBLIGATION and Buyer’s SOLE REMEDY in the event of a defect covered by this warranty, will be, at Mindful Effect’s option, to (a) replace the defective Product, or (b) refund to Buyer the purchase price paid by Buyer for such defective Product.
- b. Warranty Procedure. In order to recover under this Limited Warranty, Buyer must contact Mindful Effect by email at firstname.lastname@example.org or by telephone at 763-360-7073 and secure a Return Authorization Number (RA#). Buyer must return the alleged defective Product within seven (7) days after receipt of the RA#. Return shipping charges are the responsibility of Buyer. Determination of any warranty claim shall be solely determined by Mindful Effect in its reasonable discretion. All freight and insurance costs for shipping replacement Product to Buyer shall be paid by Mindful Effect. Should Mindful Effect elect to refund the purchase price of a defective Product, Mindful Effect shall issue the refund to the credit card used to purchase the defective Product.
- c. Limited Warranty Exclusions. THIS LIMITED WARRANTY DOES NOT COVER ANY LOSS CAUSED BY ACCIDENTS, CARELESS HANDLING OF THE PRODUCT OR CARE OF THE PRODUCT THAT IS INCONSISTENT WITH MINDFUL EFFECT’S WRITTEN INSTRUCTIONS. THIS LIMITED WARRANTY ALSO SHALL NOT APPLY TO ANY PRODUCT WHICH HAS BEEN DAMAGED IN TRANSIT, ABUSED, ALTERED, MODIFIED, OR USED IN A MANNER NOT ORIGINALLY INTENDED.
- d. Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 7(a) ABOVE, MINDFUL EFFECT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR ANY OTHER MATTER. No employee or representative of Mindful Effect shall have any authority to bind Mindful Effect to any warranty or representation, except as expressly stated herein. Buyer shall be exclusively responsible for any warranty, representation or refund policy which Buyer or its employees, agents or representatives may make to its customers regarding the Products.
- LIMITATION OF REMEDIES. MINDFUL EFFECT SHALL HAVE NO LIABILITY TO BUYER OR ANY PERSON CLAIMING THROUGH BUYER FOR, AND BUYER HEREBY EXPRESSLY WAIVES, ALL INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY DESCRIPTION, WHETHER ARISING OUT OF WARRANTY OR OTHER CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, FORESEEABLE BUSINESS LOSSES, LOSS OF PROFITS AND RELIANCE DAMAGES. UNDER NO CIRCUMSTANCES SHALL MINDFUL EFFECT’S LIABILITY HEREUNDER FOR ANY CAUSE EXCEED THE PURCHASE PRICE PAID BY BUYER FOR THE PRODUCTS.
- General Provisions.
- a. Modification and Waiver. No purported amendment, modification or waiver of any provision hereof shall be binding unless set forth in a writing signed by an officer of Mindful Effect. Any waiver shall be limited to the circumstance or event specifically referenced in the written waiver document and shall not be deemed a waiver of any other term of these Standard Terms and Conditions of Sale or of the same circumstance or event upon any recurrence thereof. The failure of Mindful Effect to enforce any provision of these Standard Terms and Conditions of Sale at any time shall not be construed to be a waiver of such provision nor of the right of Mindful Effect thereafter to enforce such provision.
- d. Severability. If any provision hereof is held to be unenforceable by final order of any court of competent jurisdiction, such provision shall be severed here from and shall not affect the interpretation or enforceability of the remaining provisions hereof.
- e. Applicable Law. The validity, performance and construction of these Standard Terms and Conditions of Sale and the purchase of Products under these terms shall be governed by the laws of the State of Minnesota, without application of its conflict of laws issues.
Last Revised: July 6, 2015
Thank you for visiting an Mindful Effect, LLC. web site, including mindfuleffect.com, mindfuleffect.drdeblindh.com, or drdeblindh.com. You arrived at this Results Disclaimer from one of the above sites, referred to herein as “this web site.”
The products and services sold on this web site are not to be interpreted as a promise or guarantee of results.
Your level of success in attaining the results from using our products and information depends on the time you devote to the program, ideas and techniques used, your situation, knowledge and various skills.
Since these factors differ among each individual, we cannot guarantee your success or results level, nor are we responsible for any of your actions.
Any and all forward-looking statements on this web site or in any of our products are intended to express our opinion of the results potential that some people may achieve.
But many factors will be important in determining your actual results, and we make no guarantees that you will achieve results similar to ours or anyone else’s. In fact, we make no guarantees that you will achieve any results from the ideas and techniques contained on our web site or in our products.
To the extent that we included any case studies or testimonials on this site, you can assume that none of these stories in any way represent the “average” or “typical” customer experience.
In fact, as with any product or service, we know that some people will purchase our products but never use them at all, and therefore will get no results whatsoever. You should therefore assume that you will obtain no results with this program.
Even though we make no guarantees that our product will produce any particular result for you, you can still take advantage of our return policy if you are not completely satisfied. In such instances, you can return the product for a refund according to the terms and timelines indicated in our refund policy described in the Terms and Conditions section on this site.
YOU FULLY AGREE AND UNDERSTAND THAT MINDFUL EFFECT IS NOT RESPONSIBLE FOR YOUR SUCCESS OR FAILURE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT OUR PRODUCTS OR SERVICES WILL PRODUCE ANY PARTICULAR RESULT FOR YOU.
THE MINDFUL EFFECT AND AUTHOR OF THIS EDUCATIONAL PROGRAM DOES NOT DISPENSE MEDICAL ADVICE NOR PRESCRIBE THE USE OF ANY TECHNIQUE AS A FORM FOR TREATMENT FOR PHYSICAL OR MEDICAL PROBLEMS WITHOUT THE ADVICE OF A PHYSICIAN, EITHER DIRECTLY OR INDIRECTLY. THE INTENT OF THIS INFORMATION PROVIDED IS ONLY TO OFFER INFORMATION OF A GENERAL NATURE TO HELP YOU IN YOUR QUEST FOR WELLBEING. IN THE EVENT THAT YOU USE ANY OF THE PROVIDED INFORAMTION, WHICH IS YOUR CONSTITUTIONAL RIGHT, THE AUTHOR AND COMPANY ASSUMES NO RESPONSIBITILYT OF YOUR ACTIONS.