Terms and Conditions
Last updated: June 22, 2022
TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
- All packages are sent signature required unless requested otherwise. If delivery method without signature request is chosen, the signature requirement is waived, the customer accepts full responsibility for any missing and/or lost packages. Additional shipping costs for rejected or returned to shipper packages are the responsibility of the customer. Tracking information is sent once the order has been processed and shipped. Balance Factor, Inc. is not responsible for customs fees incurred from importing goods. To make custom arrangements, please email us at email@example.com.
- Our software does not allow us to make manual adjustments to finalized purchases. All orders will be processed and shipped as originally placed.
- Customers are responsible for providing an accurate shipping address. To prevent any shipping delays, please double-check that the address listed in your order confirmation email is correct.
- Balance Factor is not responsible for unfortunate events such as misplaced, lost, or stolen packages, during the time of transit. Under all circumstances, USPS is responsible for any of all mail pieces that undergo USPS delivery services. We will do our best to assist all customers regarding missing packages.
- All claims will be thoroughly reviewed case by case; claims may take up to 3 weeks to process. Once USPS responds to your claim we will be able to take further proper actions to resolve this mishap. Until then, your kind patience is much appreciated as we work with USPS.
- Filing a claim does not guarantee USPS will partially or fully compensate/reimburse you for your lost/stolen package, but we will do our best to assist you through the process.
- Orders are shipped to the provided shipping address listed under customer’s account.
- Balance Factor is not responsible for packages delivered to mistyped or invalid address.
- All returning packages due to insufficient address will be sent a verification email.
Balance Factor will accept returns or exchanges on UNOPENED products for up to 30 days after receipt for store credit of the original purchase price (excluding shipping). Please include the following information when acquiring about a return: Name order was placed under, order number (not customer ID) product(s) being returned, reason(s) for return, telephone number and/or email address. Once the return is approved, you will receive an RA#. This number must appear on the outside of the package. All shipments without a valid RA# will be delayed in refund processing. Once the return is received, we will issue store credit. It is the responsibility of the customer to pay for return shipping. Please contact customer service during our normal business hours, M-F 9AM - 5:30PM at 1-800-927-0404 for more information on returning an item. Thank you.
All discount codes must be entered at the time of checkout.
For our customer’s safety, our software does not allow us to manually apply discount codes or adjust any prices to orders once they are finalized and payment has been accepted.
Only one discount code can be applied per purchase.
Discount codes are not valid on item(s) already discounted or on holiday sales. This applies to Black Friday and Cyber Monday deals.
- All sale items are final
- Promotion(s), Promotional item threshold prices are based on qualifying orders before applicable shipping & taxes.
- We do not accept any returns or exchanges on sale items.
- Sale prices and discount codes are only valid during the time of the sale. Sale prices will not be applied to any orders placed before or after the time of sale. This applies to Black Friday and Cyber Monday deals. There will be no refunding of the difference in price if you purchased an item before the sales started.
PROMOTIONS AND DISCOUNTS
From time to time, Balance Factor may offer promotions and discounts ("Promotions") that are available to qualifying purchases on the website www.balancefactor.com. These Promotions are subject to availability and are offered at the sole discretion of the Company.
The threshold price for Promotional items or discounts is calculated based on the subtotal of qualifying orders prior to the application of any shipping fees, handling fees, or applicable taxes.
To benefit from a Promotion, the total value of the items in your shopping cart must meet or exceed the specified promotional threshold price before any additional charges, including shipping or taxes, are applied.
Promotional discounts applied to an order will only be valid for the item(s) that meet the promotional requirements and will not affect the calculation of shipping or taxes, which will be based on the gross amount of the order after all discounts have been applied.
The Company reserves the right to modify, cancel, or limit any Promotion without prior notice. In the event of any modifications, the changes will be reflected in the updated Terms & Conditions on the website.
Each Promotion may come with specific terms and conditions which will be made available and must be agreed upon at the time of engagement with the said Promotion.
All Promotions are subject to stock availability. The Company does not guarantee the availability of any item and may cancel or reduce the quantity of Promotional items offered without prior notice.
Promotions are non-transferable, not redeemable for cash, and cannot be combined with any other offers or discounts, unless specified by the Company.
The Company reserves the right to disqualify any order from participating in any Promotion if fraud or misconduct is suspected or if the customer fails to comply with any Terms and Conditions applicable to the Promotion.
Customers are responsible for ensuring that the promo codes (if any) are entered at the checkout to receive the Promotional offer. Discounts cannot be applied retrospectively.
Returns of items purchased during a Promotion will be subject to our standard return policy, and any refund provided will reflect the discounted price and not the original full price of the item.
By participating in any Promotions offered by the Company, you agree to these terms.
PRODUCTS AND SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing and availability are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any products or services at any time. Any offer for any product or service made on the Site is void where prohibited.
Prices for our products are subject to change without notice.
We reserve the right to refuse any order you place with us at any time and for any reason in our sole and absolute discretion. We may, in 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 credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. The products available on the Site are for personal use only and are not for resale. Accordingly, we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors on the Site will be corrected.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Balance Factor, Inc.. The collective work includes works that are licensed to Balance Factor, Inc.. Copyright 2003, Balance Factor, Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Balance Factor, Inc. or purchasing Balance Factor, Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Balance Factor, Inc. or to purchase Balance Factor, Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Balance Factor, Inc.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Balance Factor, Inc. used in the site are trademarks or registered trademarks of Balance Factor, Inc.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Balance Factor, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Balance Factor, Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Balance Factor, Inc. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
Balance Factor, Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Balance Factor, Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Balance Factor, Inc. product is mistakenly listed at an incorrect price, Balance Factor, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Balance Factor, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Balance Factor, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Balance Factor, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Balance Factor, Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Balance Factor, Inc..
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Balance Factor, Inc. products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Balance Factor, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. Balance Factor, Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Balance Factor, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Balance Factor, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Balance Factor, Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Balance Factor, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Balance Factor, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Balance Factor, Inc. in its sole discretion.
You agree to indemnify, defend, and hold harmless Balance Factor, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Balance Factor, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Balance Factor, Inc., Balance Factor, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Balance Factor, Inc.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Balance Factor, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
NO PROFESSIONAL ADVICE OR MEDICAL INFORMATION
The Services do not provide medical advice, diagnosis or treatment, and the information included on the Services is offered for informational purposes only. Some portions of the Services may allow you to submit questions either to us or to third parties who have agreed to communicate with our users. Although we provide information about our products through the Services, neither our employees nor these third parties are authorized to provide medical or other professional advice through the Services. We also have not confirmed the qualifications of any third party who provides information through the Services, even if that third party lists his or her qualifications. As a result, you should never use the information you obtain on the Services for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider.
Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on the Services. You should discuss any medications or nutritional supplements you are using with a healthcare provider before using any new medications or supplements.
The statements on the Services have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure or prevent any disease.