Terms & Conditions
By placing an order through this website, you agree to the terms and
conditions
set
for the below. Please read through these terms carefully before placing your
order
and print a copy for future reference. Please also read our Privacy Policy
regarding
personal information provided by you, which is incorporated herein by
reference.
GENERAL
These terms and conditions apply to ALL transactions made on or through this
Website.
This Agreement is intended to be governed by the Electronic Signatures in
Global
and
National Commerce Act. You manifest your agreement to the terms and
conditions
in
this document by any act demonstrating your assent thereto, including
clicking
any
button containing the words "I agree" or similar syntax, or by merely
accessing
the
Website, whether you have read these terms or not. It is suggested that you
print
this form for your personal records. By placing an order with us, you will
be
deemed
to have read, understood, and agreed to these Terms and Conditions of Use
(collectively, "Terms"). If you do not agree to be bound by these Terms, you
may
not
access or use the Website, or purchase any Product(s) through the Website.
By
accessing, using or ordering Product(s) through the Website, you affirm that
you
have read this Agreement and understand, agree and consent to all Terms
contained
herein.
CHANGES TO TERMS AND CONDITIONS
WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS
OF
THESE
TERMS AND CONDITIONS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE
IMMEDIATELY
UPON POSTING. THE DATE OF THESE TERMS AND CONDITIONS IS NOTED UNDER THE
"TERMS
AND
CONDITIONS" HEADING ABOVE. PLEASE CHECK THESE TERMS AND CONDITIONS
PERIODICALLY
FOR
CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO
THESE
TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.
RESTRICTIONS ON USE OF MATERIALS
All materials, including without limitation, graphics, images, HTML, codes,
multimedia clips, Java codes, logos, button icons, banners and software,
contained
in this site are the copyrighted property of Eversilk. All
trademarks, service marks, and trade names are proprietary
to Eversilk. Unauthorized use of the materials will violate
intellectual property rights. All rights not expressly granted in these
Terms
and
Conditions are reserved to Eversilk. As such, no material
from
this site may be copied, reproduced, republished, uploaded, posted,
transmitted,
or
distributed in any way. The use of any such material on any other Web site
or
computer environment is prohibited. Nothing contained in this site should be
construed as granting any license or right to use any trademark, logo, trade
name,
or design displayed on this site without the written permission
of Eversilk or the respective owner of the trademark.
THIS SITE DOES NOT
PROVIDE
MEDICAL ADVICE
Eversilk does not recommend the self-management of health
problems
nor does it endorse any particular type of medical treatment. If you suspect
you
have a medical problem, or should you have any health care related
questions,
please
promptly call or see your physician or other health care provider. You
should
not
conclude by virtue of something you have read on this site or in response to
your
inquiries or questions that you do not need to consult a health care
professional.
Never disregard medical advice or delay in seeking medical advice or
treatment
as a
result of something you read on this site or as a result of the answer to
any of
your e-mail inquiries.
MONEY BACK GUARANTEE
Due to the current COVID-19 pandemic, we are not processing product returns on opened packages of oral and oral hygiene products.
If you are not satisfied with an item that you have purchased, you may return the
item within 30
days from the
order
date for a full refund of the purchase price, minus the shipping and
handling.
Simply return all portions of your order for a refund by email us:
[email protected]
and
asking
for a RMA number and return instructions.
Please Note:
-
Eversilk cannot process or exchange packages marked "Return to Sender."
- To ensure that your account is correctly noted, you must pay to send
products
back to the Eversilk returns department along with your
RMA
number. The RMA number must be clearly written on the package that you
are
sending back. Our shipping department is NOT allowed to accept any
packages
without an RMA number.
-
We recommend all returned items to be sent using a third party delivery confirmation system to
ensure proper delivery.
SHIPPING TERMS
When we ship the Product to you, our Standard ground mail service is shipped
via
the
combined services of USPS. With our Expedited Priority Processing
Option (if available), we will make your shipment our priority and ship your
package
out the next day for all orders placed before 10PM PST (packages should
arrive
within five to seven (5-7) business days. Please note that shipments are not
sent
out on Saturdays, Sundays, or any Holidays. We do not guarantee arrival
dates or
times. We do not refund or credit shipping charges for any monthly or
bi-monthly
shipments.
PAYMENTS
By ordering Eversilk, you
authorize Eversilk to
charge your credit card for the purchase amount of the product. This
authority
shall
remain in effect until and unless you have cancelled future orders of the
products
as described in this Agreement. If you believe that you have been billed in
error,
please notify our Customer Care Department immediately.
REPRESENTATIONS; DISCLAIMERS
It is our Company mission to provide our customers with the finest Products
available. We believe in the efficacy of the Products we sell. The Product
is
intended for use by persons at least 18 years of age. If you are pregnant,
nursing
or taking any medication, you represent and warrant that you either have
consulted,
or will consult, with a health care professional before taking the Product,
and
you
will cease immediately taking the Product and will contact a health care
professional if you experience any ill effects or unintended side effects of
the
Product.
Our Company wants you to have the most accurate information concerning the
Product.
The information we communicate to you about the Product and/or its efficacy
is
obtained from independent third parties such as educational institutions,
scientific
and news articles and agencies, nutritional specialists, scientific reports
and
researchers ("Information Sources"). We do not warrant or represent that
Information
Sources are not error-free, nor do we warrant any Information Source or the
methods
that they use to arrive at their conclusions. All Product specifications,
performance data and other information on our Websites are for informational
and
illustrative purposes only, and do not constitute a guarantee or
representation
that
the Product will conform to such specifications or performance data.
Eversilk does not guarantee that you will have any specific or
particular result or benefit from the Product, or that your experience will
match
those of others who use the Product. Individual results will vary from
person to
person.
YOUR REPRESENTATIONS
You represent that you are at least 18 years of age and that you will not
permit
a
person under 18 to order, or use, the Product. You represent that the
information
provided by you when placing your order is up-to-date, materially accurate
and
sufficient for us to fulfill your order in a timely and efficient manner.
You
are
responsible for maintaining and promptly updating your account information
with
us
and keeping such information (and any passwords given to you for the
purposes of
accessing the Website and/or purchasing Products) secure against
unauthorized
access. Unless agreed otherwise or required by applicable law, any
warranties
provided in relation to the Product only extend to you on the understanding
that
you
are a user, and not a reseller, of the Product. You shall not re-sell,
re-distribute
or export any Product that you order from the Website.
You agree to pay for the Product and any taxes, shipping or handling of
Product
as
such costs are specified by us on the Website when you submit your purchase
order.
Payment shall be made prior to delivery and by such methods as indicated on
the
Website (and not by any other means unless we have given our prior consent
to
such
alternative payment methods).
PROMOTIONAL MARKETING
By accessing this site, you agree to receive emails from us about product
updates,
promotions, and newsletters that we feel may interest or benefit you. You
may
opt
out of receiving these emails by contacting us by email, phone or postal
service, or
by selecting the Unsubscribe button at the bottom of every promotional
email.
DATA PROTECTION
In the interest of keeping You informed and up to date about our products and
services, Eversilk may occasionally forward information or
contact You regarding specific Limited products and promotions. If You would
prefer
not to receive information of this kind, please write to Us at
[email protected]
and
we will
respond to your request within 21 days.
LIABILITY LIMITATION
To the maximum extent legally permitted, whether or not company was aware or
advised
of the possibility of damages, and whether or not the limited remedies
provided
herein fail of their essential purpose, our aggregate liability (whether for
breach
of contract, tort or any other legal theory) shall in no circumstances
exceed
the
cost of the products you ordered. Further, under no circumstances shall we
be
liable
for special, incidental, indirect, or consequential damages, lost profits,
lost
revenue, or cost of cover the products are sold and delivered to you "as is"
with no
warranty whatsoever. Except as expressly stated otherwise in this section,
we
make
no express warranties or representations and we disclaim all implied
warranties
and
representations, including, without limitation, the implied warranties of
merchantability, fitness for a particular purpose and non-infringement.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Company, its officers,
directors,
shareholders, employees, independent contractors, telecommunication
providers,
and
agents, from and against any and all claims, actions, loss, liabilities,
expenses,
costs, or demands, including without limitation legal and accounting fees,
for
all
damages directly, indirectly, and/or consequentially resulting or allegedly
resulting from your misuse of the Website, or your breach of any of these
terms
and
conditions of this Agreement. We shall promptly notify you by electronic
mail of
any
such claim or suit, and cooperate fully (at your expense) in the defense of
such
claim or suit. If we do not hear from you promptly, we reserve the right to
defend
such claim or suit and seek full recompense from you.
TERMINATION
We reserve the right to terminate your access to or use of this Website
and/or
your
subscription to the Product should we believe that you have violated any of
the
terms of this Agreement or if we believe you have sought, in bad faith,
charge
backs, credit backs, Product returns, discounts or any other conduct
designed to
injure, harass or disrupt this Website or the Company's business
operations.
FRAUD
We reserve the right, but undertake no obligation, to actively report and
prosecute
actual and suspected credit card fraud. We may, in our discretion, require
further
authorization from you such as a telephone confirmation of your order and
other
information. We reserve the right to cancel, delay, refuse to ship, or
recall
from
the shipper any order if fraud is suspected. We capture certain information
during
the order process, including time, date, IP address, and other information
that
will
be used to locate and identify individuals committing fraud. If any Web Site
order
is suspected to be fraudulent, we reserve the right, but undertake no
obligation, to
submit all records, with or without a subpoena, to all law enforcement
agencies
and
to the credit card company for fraud investigation. We reserve the right to
cooperate with authorities to prosecute offenders to the fullest extent of
the
law.
INTELLECTUAL PROPERTY RIGHTS
The Website, and all content appearing therein, are the sole and exclusive
property
of the Company or its licensors. No license or ownership rights in or to any
content
of the Website are conveyed to you by reason of this Agreement or your
purchase
of
Product. The Website and its content are protected under the laws of
copyright
and
trademark. Unless otherwise permitted by law, you may not copy, republish or
transmit any portion of the Website without Company's prior written
consent.
WARRANTY INFORMATION
If you purchased a 3 year Warranty for $24 terms and conditions do apply.
Warranty
only covers one unit regardless of how many your inital order contained and
can
be
redeemed for only one unit once within the 3 year period, customer must also
provide
original online receipt or email order confirmation to redeem warranrty
benefits.
CONTACT INFORMATION
You can contact us via e-mail by clicking "Contact Us". When contacting us,
please
include information that will help us identify your account so we can assist
you
with your inquiry or request.