Terms of service

Overview

This website is operated by Respivea. Throughout the site, the terms “we”, “us” and “our” refer to Respivea. We offer this website, including all information, tools and services available from it, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including the additional terms and policies referenced here and available by hyperlink. These Terms apply to all users of the site, including browsers, customers and contributors of content. Please read them carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. Any new features or tools added to the current store are also subject to these Terms. We reserve the right to update, change or replace any part of these Terms by posting updates to this page. It is your responsibility to check this page periodically for changes; continued use of the website following the posting of changes constitutes acceptance of those changes.

Section 1 – Online store terms

By agreeing to these Terms, you confirm that you are at least the age of majority in your state, province or territory of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction. You must not transmit any worms, viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 – General conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including payment card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Payment card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without express written permission from us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 – Accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information, which is necessarily not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.

Section 4 – Modifications to the service and prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service, or any part or content of it, without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. Prices shown on our website are in US dollars (USD) for customers in both the United States and Canada. Applicable taxes, if any, are shown at checkout before you pay. If you pay with a card issued in another currency, your card issuer may apply its own conversion rate and fees. A “was” price shown alongside a current price is a reference price for the product or bundle components sold separately; see the product page for details.

Section 5 – Products

Our products are available exclusively online through the website and are offered in limited quantities. We currently sell and ship to addresses in the United States and Canada only. We have made every effort to display as accurately as possible the colors and images of our products; we cannot guarantee that your screen's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction, and to limit the quantities of any products that we offer. All descriptions of products and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Respivea Pro is a consumer wellness product and not a medical device; see our Disclaimer. We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations beyond the terms of our 100-night guarantee, or that any errors in the Service will be corrected.

Section 6 – Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment card and/or orders that use the same billing or shipping address. If we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store, and to promptly update your account and other information so that we can complete your transactions and contact you as needed.

Section 7 – Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider.

Section 8 – Third-party links

Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such sites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third parties. Please review carefully the third party's policies and practices before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.

Section 9 – User comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example reviews or contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by mail or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You are solely responsible for any comments you make and their accuracy.

Section 10 – Personal information

Your submission of personal information through the store is governed by our Privacy Policy, which is available at /pages/privacy-policy.

Section 11 – Errors, inaccuracies and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law.

Section 12 – Prohibited uses

In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state, provincial or local regulations, rules, laws or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

Section 13 – Disclaimer of warranties; limitation of liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. Except as expressly stated by us, and subject to your rights as a consumer under applicable law, the Service and all products delivered to you through it are provided “as is” and “as available”. In no case shall Respivea, our directors, officers, employees, affiliates, agents, contractors, suppliers or licensors be liable for any indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data or replacement costs, arising from your use of the Service or any products procured using the Service, whether based in contract, tort (including negligence), strict liability or otherwise, even if advised of their possibility. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable US federal and state law or Canadian federal and provincial law. Some states, provinces and territories do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above limitations may not apply to you.

Section 14 – Indemnification

You agree to indemnify, defend and hold harmless Respivea and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 15 – Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 – Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

Section 17 – Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 18 – Governing law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with applicable law. If you are a consumer resident in the United States or Canada, you benefit from any mandatory consumer protection provisions of applicable US federal and state law or Canadian federal and provincial law where you live, and nothing in these Terms limits those rights. Disputes may be brought in any court of competent jurisdiction, including, for consumers, the courts of the state, province or territory where you live.

Section 19 – Your right to cancel

If you are a consumer, you may have rights to cancel a distance (online) contract or return goods under applicable US federal and state law or Canadian provincial law. Any such rights are in addition to our 100-night money-back guarantee, which is described in our Return & refund policy and, in practice, is the easier route.

Section 20 – Changes to the Terms of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.