1. Introduction
1.1. These General Terms and Conditions (the “Agreement”) govern the entire relationship between the Client and Ocean Marketing Limited (the “Company”).
1.2. Prior to the conclusion of the Distance Contract, the Client will be provided with the text of this Agreement in electronic form or in another durable medium. If this is not reasonably possible, the Company shall inform the Client, prior to the conclusion of the Distance Contract, how the Agreement may be reviewed and that it will be sent free of charge upon request.
1.3. THE CLIENT IS OBLIGED TO CAREFULLY READ THIS AGREEMENT BEFORE ACCEPTING IT AND USING THE SERVICES OF THE COMPANY. By using the Services, the Client confirms that they have read, understood, and agreed to be bound by this Agreement.
1.4. This Agreement contains a mandatory arbitration provision as set forth in Section 18.
2. Definitions
2.1. Unless otherwise stated, the following definitions apply:
(a) Agreement – The agreement for the provision of Services and/or Goods concluded online between the Company and the Client.
(b) Client – Any user purchasing Goods or Services from the Company.
(c) Company –
Ocean Marketing Limited
99 Hennessy Road, Building 99
Wan Chai, Hong Kong Island
Hong Kong SAR
(d) Offer – The Client’s offer to purchase Goods and/or Services through the Website.
(e) Privacy Policy – The Company’s Privacy Policy published on the Website.
(f) Services – Digital content, subscriptions, and access to online platforms provided by the Company.
(g) Goods – Physical products, including but not limited to supplements, sold online by the Company.
(h) Digital Content – Digital materials sold or provided online by the Company.
(i) Distance Contract – A contract concluded remotely without physical presence.
(j) Website – The official website operated by the Company.
3. Submission of the Offer
3.1. The Company will provide the Client with a possibility of submitting an Offer.
3.2. The Client will be asked to provide certain information to submit the Offer by choosing provided options or typing requested details. The Client is obliged to provide current, correct and comprehensive information that is requested to be provided.
3.3. Upon submission of the information established in Section 3.2 of this Agreement, the Client will have submitted the Offer. The Offer will include information on the following:
3.3.1. payment amount for the relevant Services and/or Goods;
3.3.2. available payment options, including credit card or other accepted payment methods;
3.3.3. other information Company deems important to include in the Offer.
3.4. Acceptance of the Offer
3.4.1. All Offers are subject to acceptance by the Company. The Company reserves the right to reject or cancel any Offer to purchase Services and/or Goods through the Website, in whole or in part, for any reason or no reason, in the Company’s sole discretion. The Company reserves the right to request and/or verify additional information before accepting any Offer or shipping any Goods.
3.5. The Goods sold on the Website are intended for personal use only and not for resale. The Client is prohibited from reselling any Goods purchased through the Website without the Company’s separate written consent. The Company reserves the right to cancel orders that appear to be for resale purposes.
4. Distance Contract
4.1.The Distance contract will be concluded at the moment when the Company accepts the Offer and as indicated in Section 3.4.1.
4.2. The Company will confirm acceptance of the Offer electronically. In case the Client purchases Digital content, such will be provided to the Client`s e-mail address provided by the Client or on the Mobile app.
4.3. The Company makes reasonable efforts to ensure that Services operate as intended, however such Services are dependent upon internet and other services and providers outside of the control of the Company. By using Company’s Services, the Client acknowledges that the Company cannot guarantee that Services will be uninterrupted, error free or that the information it contains will be entirely free from viruses, hackers, intrusions, unscheduled downtime or other failures. The Client expressly assumes the risk of using or downloading such Services.
4.4. From time to time and without prior notice to the Client, the Company may change, expand and improve the Services. The Company may also, at any time, cease to continue operating part or all of the Services or selectively disable certain aspects of the Services. Any modification or elimination of the Services will be done in the Company’s sole and absolute discretion and without an ongoing obligation or liability to the Client, and the Client’s use of the Services does not entitle the Client to the continued provision or availability of the Services.
4.5. The Client furthermore agrees that:
4.5.1. they shall not access the Services (including for purchasing Goods) if they are under the age of 18;
4.5.2. the Client will deny access to the Services to children under the age of 18. The Client accepts full responsibility for any unauthorized use of the Services by minors
4.5.3.The Client is an end user and does not intend to resell the Goods.
4.6. The Client is the exclusive holder of the account and is prohibited from sharing login credentials with any third party. The Client acknowledges that only the registered account holder is authorized to use the account, and any unauthorized use, sharing, or transfer of login credentials may result in the suspension or termination of the account. The Client is solely responsible for maintaining the confidentiality and security of their account and login information. Client is solely responsible for the activities occurring in account, whether or not Client has authorized them, and Client must keep account information secure. Company is not responsible for any losses or harm that Client incur due to the unauthorized use of account. The Client may be responsible for any losses that Company or others may incur due to Client account, whether the losses were caused by Client, Client authorized person, or an unauthorized person.
4.7. The Company may continuously improve its services by conducting tests (such as A/B testing). This may mean the Client sees different versions of features, interfaces, content, or recommendations compared to other users.
5. Payments
5.1. During the period of validity indicated in the Offer, the price for the Services and/or Goods being offered will not increase, except for price changes in VAT-tariffs.
5.2. The Client agrees to:
5.2.1. pay all additional costs, fees, charges, applicable taxes, and other charges that may be incurred by the Client;
5.2.2. purchase Services and/or Goods by using a valid credit card or other allowed form of payment;
5.2.3. provide Company current, correct and complete information as detailed in the purchase order form. If Company discovers or believes that any information provided by Client is not current, accurate or complete, Company reserves the right to suspend the Service and/or delivery of Goods at its sole discretion and Client forfeits any right to refund paid amount.
5.3. Once the Client is redirected to the third-party payment service provider, the risk of loss or damages will pass on to the Client and/or the third-party service. The Client's online credit or debit card payments to the Company will be handled and processed by a third-party payment service provider, and none of the sensitive data related to the payment will be stored or used by the Company. The Company shall not be liable for any payment issues or disputes that arise due to the third-party payment services. The Company reserves the right to change the third-party payment service provider at its sole discretion.
5.4. All prices and costs are in US Dollars unless otherwise indicated.
5.5. All Goods remain Company’s property until full payment is made. The price applicable is that set at the date on which the Offer is accepted by the Company. Shipping costs and payment fees are recognized before confirming the purchase. If the Client is under 18 years old the Client must have parents’ permission to buy from the Company.
5.6. All transfers made through the Company are handled and processed through dedicated third-party gateways to ensure Cli protection. Card information is not stored, and all card information is handled via SSL encryption. The Client must read the terms and conditions of the payment gateway selected for the transaction, as payment gateway is responsible for the transactions made.
5.7. Your payments are processed by one of our Group companies depending on the payment method chosen by the Client. Please note that local charges (sales tax, customs duty) may occur, depending on the Client’s region and local customs duties. These charges are at the Client’s own expense. If you need a refund or want to file a complaint, please contact support@fynesupplements.com
6. Subscription
6.1 Plain-English Summary (for clarity)
For supplement subscriptions:
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Subscriptions renew automatically to ensure uninterrupted use.
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Subscription pricing may include a discount that is only available when selecting a subscription.
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If a discounted subscription is selected, a minimum commitment of two (2) shipments / two (2) billing cycles applies.
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Early cancellation (before the second renewal/charge is processed) is permitted, but requires repayment of the subscription discount by paying the difference between the subscription price and the standard one-time purchase price.
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After the second renewal/charge has been processed, future renewals may be canceled by providing at least seventy-two (72) hours’ notice before the next scheduled renewal/charge date.
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If a renewal has already been processed or a shipment has already been dispatched, it cannot be stopped for that billing cycle.
This summary is provided for convenience only. The legally binding terms are set forth below.
6.2 Definitions (Subscription-Specific)
For purposes of this Section 6:
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“Subscription” means a purchase plan that renews automatically at the interval disclosed at checkout and/or shown in the Client’s account.
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“Billing Cycle” means each renewal event at which payment is taken for a subscription period.
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“Renewal/Charge Date” means the date on which the next subscription payment is scheduled to be processed.
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“Shipment” means the physical dispatch of Goods for a paid billing cycle.
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“Subscription Discount” means any discount, promotion, or reduced pricing applied because the Client selected a subscription.
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“One-Time Purchase Price” means the standard, non-subscription price for the same Goods on the Website, excluding subscription-only discounts.
6.3 Automatic Renewal
All subscription purchases are offered on AUTOMATIC RENEWAL. Unless canceled in accordance with this Section 6, the subscription will automatically renew and the payment method on file will be charged on the applicable Renewal/Charge Date.
6.4 Supplement Subscription Renewal Interval
For supplement subscriptions, recurring shipments are scheduled every ninety (90) days, unless a different interval is clearly disclosed at checkout and shown in the Client’s account. The interval disclosed at checkout and/or shown in the Client’s account shall control.
6.5 Subscription Pricing and Subscription-Only Discounts
Subscription pricing (including any Subscription Discount) is available exclusively to Clients who select the subscription option at checkout. Such pricing is not available for one-time purchases.
6.6 Minimum Commitment for Discounted Subscriptions
If the Client selects a subscription offer that includes a Subscription Discount, the Client acknowledges and agrees that a minimum commitment of two (2) shipments / two (2) billing cycles applies.
This minimum commitment exists to:
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maintain fairness and prevent misuse of subscription-only discounted pricing as a one-time reduced purchase; and
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support consistent use of the Goods.
By completing checkout, the Client expressly acknowledges and agrees to this minimum two-shipment / two-billing-cycle commitment.
6.7 Cancellation After the Minimum Commitment (Standard Cancellation)
After the second Renewal/Charge Date has been processed (i.e., after the minimum commitment has been fulfilled), the Client may cancel future renewals at any time by providing at least seventy-two (72) hours’ notice before the next scheduled Renewal/Charge Date.
If the Client fails to cancel at least 72 hours before the next scheduled Renewal/Charge Date, the subscription may renew for the next billing cycle, and any cancellation will become effective only after the then-current paid period.
6.8 Early Cancellation Before the Second Renewal (Discount Repayment)
If the Client requests cancellation before the second Renewal/Charge Date is processed, the Client may cancel immediately; however, the Client acknowledges and agrees that the Company will require repayment of the Subscription Discount by charging the difference between:
The Client will be required to authorize this charge through self-service or another payment authorization method provided by the Company.
This repayment reflects the removal of a subscription-only discount and does not constitute a penalty or cancellation fee.
6.9 Effect of Cancellation and Shipments
Cancellation prevents future renewals only if completed in accordance with this Section 6. If a renewal has already been processed and/or a shipment has already been dispatched, that billing cycle cannot be stopped, reversed, or recalled due to a cancellation request.
6.10 Pause Option
Where available, the Client may request to pause a supplement subscription by providing at least seventy-two (72) hours’ notice before the next scheduled Renewal/Charge Date. Pause duration, conditions, and reactivation rules will be shown in the Client’s account or communicated by customer support.
6.11 Managing or Canceling Subscriptions
Subscriptions purchased on the Company’s Website may be managed, paused, or canceled through the Client’s account or by contacting support@fynesupplements.com. Deleting an account or ceasing use of the Website does not cancel a subscription.
Subscriptions purchased through the Apple App Store or Google Play must be canceled through the applicable platform. Deleting the app does not cancel such subscriptions.
The minimum commitment and discount repayment terms apply only to subscriptions purchased directly through the Company’s Website.
6.12 Subscription Plan and Price Changes
The Company may change subscription plans and pricing from time to time. Renewals will be charged at the rates in effect at the time of renewal, unless otherwise required by applicable law.
7. Return Policy
7.1.The Client has the right to return delivered (received) Goods for a refund within 14 days from the date of delivery, as described in this Return Policy. A refund will be issued if the product is a) unopened and in its original packaging and in a condition fit for resale or b) not as described or faulty.
Please note that in the case of subscription purchases, refunds for products that are unopened and in its original packaging will only be issued for the initial purchase and not for recurring subscription goods.
7.2. If the Goods are not as described or faulty, The Client must notify the Company of their decision to return the Goods within 14 days of delivery by sending an email to support@fynesupplements.com and provide detailed information proving the Company's product fault (with visual proof attached) and valid proof of purchase in the form of a receipt or invoice that clearly states the date and location of purchase. After inspection the customer success team will provide a prepaid shipping label to the Client at the cost of 9 USD. The package with the Goods must be sent using the prepaid shipping label within 14 days of notifying the Company. The pre-paid shipping label provided by the Company must be used due to warehousing requirements and the Company cannot provide a refund if the Client uses a separate shipping label.
7.3. If the product is in its original packaging, unopened, and in a condition fit for resale (required for the reasons of health and hygiene) the Client has a right to return the delivered (received) Goods by notifying the Company of their decision to return the Goods within 14 days of delivery by sending an email to support@fynesupplements.com and provide valid proof of purchase in the form of a receipt or invoice that clearly states the date and location of purchase. After inspection the customer success team will provide a prepaid shipping label to the Client at the cost of 9 USD, which will be deducted from the final refund. The package with the Goods must be sent using the prepaid shipping label within 14 days of notifying the Company. The pre-paid shipping label provided by the Company must be used due to warehousing requirements and the Company cannot provide a refund if the Client uses a separate shipping label.
7.4. Once the Company receives and inspects the returned Goods, a refund will be issued and authorized by the same payment method used for the purchase to the Client for the price they paid for the Goods (excluding the return costs if the product is in its original packaging, unopened, and in a condition fit for resale) within 10–30 business days. Please note that, after that, it may take an additional up to 14 working days for the refund to appear in the Client's bank account. If the Client fails to meet the deadlines outlined in our Return Policy, the Company will be unable to offer a refund.
7.5. The Company reserves the right to suspend the Client's refund until the Company receives and inspects the Goods. Goods will not be refunded if the product has been altered, abused, misused, lost, damaged by accident, damaged by unauthorized adjustment, damaged from shipping or normal wear and tear and/or damaged by failure to provide reasonable and necessary care.
7.6. The Company will not be responsible for refunding or reshipping the order to a different address if the Client did not provide correct or full delivery or contact information (including delivery address and email address).
7.7. The Company's return policy cover ONLY products purchased from resellers or distributors authorized by the Company who respect our quality control standards. Some Company products are sold by unverified companies or individuals. The Company cannot ensure the authenticity, effectiveness, quality, safety, or proper storage of products sold by any unverified seller.
7.8. IN CASE THE AGREEMENT BETWEEN THE COMPANY AND THE CLIENT CONSISTS OF DIGITAL CONTENT THAT IS NOT SUPPLIED ON A TANGIBLE MEDIUM, THE CLIENT AGREES TO WAIVE THEIR RIGHT OF WITHDRAWAL FROM THE AGREEMENT.
7.8.1. The Company's policy is not to offer refunds for purchased Digital Content, except in cases where the Digital Content is found to be not as described or faulty. If this is the case, the Client must contact our customer success at support@fynesupplements.com within 14 days of delivery and provide detailed information proving that the Digital Content is faulty (with visual proof attached). Once a refund has been issued, the Client will no longer have access to the Company's content. All refunds will be applied to the original method of payment. By purchasing Digital Content, the Client agrees to this return policy and waives any right to challenge it, whether through questions, judgment, or legal actions.
7.8.2. By purchasing Digital content, the Client confirms that they have accepted these Rules, and by accepting these rules Client acknowledges that they hereby lose right of withdrawal.
7.8.3. By purchasing Digital Content, the Client provides consent to begin the performance of this contract, and the Company has fulfilled its obligation to provide the Client with such Digital Content.
7.8.4. Considering the above-mentioned, the Client has explicitly waived their right of withdrawal during the 14 days period as all the preconditions stipulated in the applicable legislation were met.
7.9. Amazon.com: The Company is not responsible for any products purchased through Amazon.com. Customers who purchase Company products through Amazon.com are subject to Amazon's terms and conditions. The Company does not take responsibility for any issues related to Amazon resellers, including but not limited to shipping, returns, and refunds.
8. Intellectual Property Rights
8.1. With respect to the relationship between the Company and the Client, all intellectual property rights, including but not limited to copyright, design rights, trademark rights, patent rights, and any other proprietary rights stemming from or relating to the Services and the content associated with the Services, are owned by the Company.
8.2. The Client must not reproduce, disassemble, reverse engineer, decompile, distribute, publicly display, perform, publish, or otherwise make available the Services, including but not limited to the Digital Content, in whole or in part, without the Company's prior written consent.
8.3. The Client hereby grants the Company a perpetual, irrevocable, worldwide, fully paid-up, royalty-free, non-exclusive license, with the right to sublicense (through multiple tiers) and assign to third parties to reproduce, distribute, perform, and display (publicly or otherwise), create derivative works from, adapt, modify and otherwise use, analyze and exploit in any way, whether currently known or discovered in the future, the Client's User Content (excluding User Trademarks) and all modified and derivative works thereof. To the extent permitted by applicable laws, the Client hereby waives any moral rights they may have regarding any User Content. "User Content" means any User Trademarks, communications, images, writings, creative works, sounds, and all other material, data, and information that the Client uploads, transmits, or submits through the Services or that is uploaded or transmitted by other users. By uploading, transmitting, or posting any User Content, the Client affirms, represents, and warrants that such User Content and its uploading, transmission, or submission is a) accurate and not confidential, b) not in violation of any applicable laws, contractual restrictions, or other third-party rights; and that the Client has the permission of any third party whose personal information or intellectual property is contained or embodied in the User Content, and c) free of viruses, adware, spyware, or other malicious code.
8.4. No part of this Agreement is intended or should be construed as a transfer of any intellectual property rights relating to the Services or any content associated with the Services, except as expressly set forth in Section 9.1. below.
9. Use of Digital Content
9.1. All intellectual property rights specified in Section 8.1. and relating to Digital Content are owned by the Company. Digital content is licensed pursuant to this Section 9 and is not sold. The Client will be granted a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to use any Digital Content provided by the Company solely for personal, non-commercial purposes, subject to the terms and conditions of this Agreement.
9.2. The license granted under this Agreement shall be valid for a period of 5 years from the date of the Client's receipt of the applicable Digital Content unless earlier suspended or terminated in accordance with this Agreement.
9.3. Unless expressly stated otherwise, the Client must not use any Digital Content for commercial purposes.
9.4. The Client must not edit, reproduce, transmit, lend, or make the Digital Content available to any third parties or use it to perform any acts that exceed the scope of the license provided in this Section 9 by the Company.
9.5. The Company may impose restrictions on the scope of the license or the number or types of devices on which Digital Content can be used.
9.6. If the Client violates this Section 9, the Company may suspend access to the relevant Digital Content without limiting any of the Company’s rights or remedies under this Agreement or applicable law, including the Company’s right to recover from the Client any losses suffered as a result of or in connection with the infringement, including any incurred expenses.
10. Sale of Digital Content Prohibited
10.1. The Client is prohibited from selling, offering for sale, sharing, renting out, or lending Digital Content or copies of Digital Content.
11. Privacy Policy
11.1. The processing of the Client's personal data is governed by the Privacy Policy. It is recommended that the Client prints and keeps a copy of the Privacy Policy together with this Agreement.
12. Indemnity
12.1. The Client will indemnify and hold the Company, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Client's breach of this Agreement or use of the Services, or the Client's violation of any law or the rights of a third party in conjunction with the Client's breach of this Agreement or use of the Services.
13. Liability
13.1. THE INFORMATION PROVIDED ON THE WEBSITE OR THROUGH THE SERVICES MAY NOT BE APPROPRIATE OR SATISFACTORY FOR THE CLIENT'S SPECIFIC USE, AND IT IS THE CLIENT'S RESPONSIBILITY TO VERIFY ALL INFORMATION BEFORE RELYING ON IT. ANY DECISIONS MADE BASED ON INFORMATION CONTAINED IN THE WEBSITE OR RECEIVED THROUGH THE CLIENT'S USE OF THE SERVICES ARE SOLELY THE CLIENT'S RESPONSIBILITY.
13.2. THE CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR ANYINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF USE, OR OTHER LOSSES WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF: (i) THE USE OR INABILITY TO USE SERVICES, (ii) ANY LINK PROVIDED IN CONNECTION WITH THE SERVICES, (iii) THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH LINKED WEBSITES OR MOBILE APP, (iv) CLIENT’S RELIANCE ON ANY OF THE SERVICES; (v) THE INTERRUPTION, SUSPENSION, TERMINATION OF THE SERVICES OR ANY PORTION THEREOF, (vi) THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO POST OR STORE ANY INFORMATION, OR (vii) ANY MATTER OTHERWISE RELATED TO THE CLIENT’S USE OF THE SERVICES. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY TO THE CLIENT RELATING TO HIS/HER USE OF THE SERVICES EXCEED THE AGGREGATE AMOUNT PAID BY CLIENT TO COMPANY FOR THE GOODS IN THE TRANSACTION(S) THAT CAUSED THE DAMAGES.
13.3. A party to this Agreement shall be released from responsibility for non-fulfillment if it can prove that the non-fulfillment was due to force majeure. The Company shall not be liable for any losses caused by force majeure, including riots, war, natural events, or other occurrences for which the Company is not responsible (such as strikes, lockouts, traffic delays, or administrative acts of domestic or foreign high authorities). The Client must provide written notification of the occurrence of force majeure that prevents the fulfillment of this Agreement within 30 calendar days from the date of such circumstances. The Company shall notify the Client about the occurrence of force majeure by email, on the Website, or Mobile App if possible.
13.4. Liable company: Ocean Marketing Limited, as the administrator of the Website or Mobile App, provider of the Services, and the owner and seller of the Goods. THE LIABILITY OF THE COMPANY IS LIMITED TO DIRECT LOSSES UNLESS OTHERWISE PROVIDED UNDER THE APPLICABLE LAWS.
13.5. As the nature of the Services and/or Goods provided by the Company is such that the Client's adherence to the provided use instructions cannot be controlled, the Company provides no warranty as to any results or outcomes arising from the use of the Services and/or Goods.
13.6. The Company may provide links to websites or mobile apps that are not owned or controlled by the Company as part of the Services. These links are provided “as-is”, and the Client acknowledges and agrees that the Company is not responsible for the operation of such links. The Company does not guarantee or endorse the content, advertising, products, or other materials available through these links, and the Client acknowledges that the Company will not be held responsible for any damage or loss resulting from the use or reliance of such content, goods, or services. The Client agrees that the Company will not be held directly or indirectly liable for any claims arising from or in connection with the use of any such websites or mobile apps.
14. Medical Disclaimer
14.1. PRIOR TO USING ANY GOODS, SERVICES, OR DIGITAL CONTENT PROVIDED BY THE COMPANY, THE CLIENT SHOULD CONSULT WITH THEIR HEALTHCARE SERVICE PROVIDER.
14.2. THE COMPANY IS NOT A MEDICAL ORGANIZATION AND IS NOT PROVIDING ANY MEDICAL ADVICE OR ASSISTANCE. NO CONTENT, STATEMENT, OR ADVICE IN RELATION TO OR WITHIN THE SERVICES PROVIDED BY THE COMPANY IS ASSOCIATED WITH, SHOULD BE TAKEN AS, OR UNDERSTOOD AS MEDICAL ADVICE OR ASSISTANCE, NOR SHOULD IT BE INTERPRETED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR ASSISTANCE, OR USED OR REFERRED TO IN PLACE OF SEEKING APPROPRIATE MEDICAL ADVICE OR ASSISTANCE FROM PROFESSIONAL HEALTHCARE PROVIDERS. THE CLIENT IS SOLELY RESPONSIBLE FOR EVALUATING AND ASSESSING THEIR HEALTH, INCLUDING ANY NEED TO SEEK APPROPRIATE GUIDANCE FROM A HEALTHCARE PROVIDER.
14.3. The Company encourages the Client to seek appropriate medical advice or assistance before using the Company's Services.
14.4. The Client should not disregard medical advice or delay visiting a medical professional because of something they read on the Company’s Website or through other communication channels.
15. Validity and Termination
15.1. This Agreement is effective after the Client accepts and electronically expresses his/her consent to comply with them, and they shall remain in effect until terminated in accordance with the following section.
15.2. The Company may terminate the relationship with the Client at any time in the following cases: (1) the Client does not agree with the Agreement; (2) the Client commits any breach of the Agreement, suspected misuse (e.g., unauthorised reselling activities), or for business or operational reasons; (3) the Client does not provide information requested by the Company and/or provides incorrect and/or incomprehensive information. Notwithstanding the foregoing, statutory termination rights shall not be affected.
16. Changes to Agreement
16.1. This Agreement, Privacy Policy, and any additional terms and conditions that may apply are subject to change. The Company reserves the right to modify and update the Agreement from time to time, and such changes shall be effective immediately upon being posted on the Company’s Website.
16.2. The amended Agreement, Privacy Policy, and any additional terms and conditions will be posted online. The Company may give notice of any upcoming changes to the Client by sending an email to the primary email address provided by the Client or by notifying through the Website.
16.3. The Client understands and agrees that any continued use and access to the Services after the changes to the Agreement have been made publicly available means the Client voluntarily agrees to be bound by the new version of this Agreement. If the Client does not agree to be bound by the updated Agreement, they should stop using the Services.
17. Communication
17.1. The Company generally prefers communication by email, and the Client accepts such communication by accepting this Agreement. To ensure effective communication, the Client must have a valid email address and provide it as required in Section 3.2. The Company may also publish information related to the Agreement or Services on the Website or Mobile App. The Client is responsible for checking their email and the Website or Mobile App regularly and frequently, as emails may contain links to further information and documents.
17.2. If applicable laws require providing information on a durable medium, the Company will either send the Client an email with an attachment or send the Client a notification referring to the Services with a download function to retain such information and documents permanently for future reference. The Client is responsible for keeping copies of all communications from the Company.
17.3. The Client may request a copy of this Agreement or any other contractual document by contacting support@fynesupplements.com
17.4. The communication with the Client will be made in English unless the Company and the Client agree to communicate in another language.
17.5. The Client may contact us at any time by sending a message to support@fynesupplements.com
17.6. The Company may contact the Client via phone on the basis of the Established Business Relationship Rule, as provided in TCR § 310.4 (b)(iii)(B), to check on your order status. During the call, we may also suggest you acquire other similar Goods and/or Services offered by the Company.
In case the Client agrees to buy any Goods and/or Services offered by the company, their payment data will be processed according to our Privacy Policy and applicable telemarketing sales rules.
18. Dispute Resolution
18.1. Governing Law. This Agreement is governed by the laws of Texas, regardless of the Client’s location, and without regard to its principles of conflicts of law.
18.2. Informal Dispute Resolution. Before filing a claim against the Company, the Client agrees to participate in informal dispute resolution.
18.2.1. Complaints in relation to the Goods and Services provided to the Client should be addressed to the Company by contacting support@fynesupplements.com.
18.2.2. Complaints concerning subscriptions, refunds, and chargebacks for the Goods and Services should be addressed to the Company by contacting support@fynesupplements.com
18.2.3. The Client should clearly indicate that a complaint is being submitted and specify the grounds and circumstances of the complaint. Upon receiving the complaint, the Company will send an acknowledgment to the email address from which the complaint has been received. The Company will consider the complaint and respond to the Client within 14 calendar days of receipt of the relevant complaint. If a dispute is not resolved within 30 calendar days of receipt of the relevant complaint, either the Client or the Company may bring a formal claim.
18.3. Arbitration. Except for disputes that qualify for small claims court, all disputes arising out of or relating to this Agreement or any aspect of the relationship between the Client and the Company, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be resolved through final and binding arbitration before a neutral arbitrator, in lieu of a trial in a court by a judge or jury. Both the Client and the Company agree that they each waive the right to a trial by jury. All disputes between the Client and the Company shall be settled by arbitration, including, without limitation, any dispute arising out of or relating to the interpretation or application of this arbitration provision, including the enforceability, revocation, or validity of the arbitration provision or any part thereof. All such matters shall be decided by an arbitrator and not by a court or judge.
18.4. The Client agrees that any arbitration under this Agreement will be conducted on an individual basis, and class arbitrations and class actions are not permitted. The Client agrees to waive the ability to participate in a class action.
18.5. The Client can decline to participate in the arbitration process outlined in the Agreement by emailing support@fynesupplements.com within 30 days of accepting this Agreement. The email must include the Client’s first name, last name, address, and a statement indicating that the Client declines the arbitration outlined in this Agreement.
18.6. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as amended by this Agreement, and shall take place on an individual basis. The Consumer Arbitration Rules can be found online at https://www.adr.org/consumer. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than in-person appearances unless the arbitrator decides otherwise. Any in-person appearances will be held at a location that is reasonably convenient to both parties. The arbitrator's decision shall be final and binding, subject to the terms of this Agreement, and may be confirmed and enforced in any court of competent jurisdiction. The arbitrator may award injunctive relief or specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. Notwithstanding any of the foregoing, nothing in this Agreement will preclude Client from bringing issues to the attention of federal, state or local agencies and, if the law allows, the agencies can seek relief against Company for Client.
19. Miscellaneous
19.1. Only the Client and the Company have rights or claims under this Agreement. Unless decided otherwise by the Company, third parties shall not have any rights to enforce or benefit from the terms of the Agreement.
19.2. The Client is not permitted to assign any rights or obligations under this Agreement to any third party without the prior written consent of the Company. However, the Company may assign or transfer this Agreement, in whole or in part, to any third party at its sole discretion.
19.3. If any provision of this Agreement is held to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the Agreement, and the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
19.4. THE USE OF THE SERVICES IS SOLELY AT THE CLIENT'S OWN RISK, AS THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE CLIENT. THE COMPANY MAKES NO GUARANTEE THAT THE SITE OR SERVICE WILL MEET THE CLIENT'S REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR SERVICE WILL BE ACCURATE OR RELIABLE. THE CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT THEIR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE OR SERVICE IS TO CEASE USING THE SERVICES. THE CLIENT MAY HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE.
19.5. BY USING OR ACCESSING THE SERVICES, THE CLIENT HEREBY ACKNOWLEDGES THAT THEY HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
20. Authorized Reseller Requirement
20.1. Authorized Sellers Only: Our products and services may only be sold by authorized retailers and distributors. The unauthorized resale of our products and services is strictly prohibited.
20.2. Legal Action: We reserve the right to take legal action against individuals or entities engaged in the unauthorized resale of our products and services. This includes, but is not limited to, pursuing claims for trademark infringement, breach of contract, and violations of any other applicable laws.
20.3. No Return: Products purchased from unauthorized sellers are not covered by our Return policy.
20.4. Company Responsibility: Our Company does not take responsibility for any issues related to the unauthorized resale of our products and services.