Terms of Service, Refund Policy and Shipping Policy

TERMS OF SERVICE

INTRODUCTION

This website www.foriawellness.com (the "Website") is owned and operated by Eden Partners LLC which is based in Boulder, CO, USA. The terms “Foria”, "we", "us", and "our" refer to Eden Partners LLC. The use of our Website is subject to the following terms and conditions of use, as amended from time to time (the "Terms"). The Terms are to be read together by you with our Privacy Policy and any terms, conditions or disclaimers provided in the pages of our Website. Please review the Terms carefully. The Terms apply to all users of our Website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this Website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our Website, use any of our Website’s services or place an order on our Website.

ACCEPTABLE USE OF WWW.FORIAWELLNESS.COM

By using the Website, you represent and warrant that you will only use our Website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any criminal law, intellectual property law, privacy law or any other applicable law or regulation. You agree not to attempt to interfere with our Website’s network or security features or to gain unauthorized access to our systems.  You are responsible for your use of the site. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the site, you may not:

  • violate any law or regulation;
  • violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
  • post or share anything that is illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
  • submit, send, post, upload, or otherwise make available unsolicited or unauthorized advertising or commercial communications, such as spam, advertising, promotional materials, junk mail, chain letters, or any other form of solicitation;
  • advertise to, or solicit, any user to buy or sell any products or services, or use any information obtained from the site to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
  • submit any content linking to multilevel marketing schemes, pyramid schemes, or off-topic content;
  • engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the site;
  • alter or tamper with any Contents, information, or materials on or associated with the site;
  • transmit any viruses, malicious code, or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
  • post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or any other personally identifiable or private information from any user;
  • disrupt, overwhelm, attack, modify or interfere with the site or its associated software, hardware, or servers in any way;
  • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • impede or interfere with others' Use of the site;
  • abuse, defame, threaten, intimidate, stalk, harass, or harm another individual;
  • impersonate any person or entity or perform any other similar fraudulent activity, such as phishing
  • use any robots, spiders, scrapers or any other automated means to access the site for any purpose.
  • use any means to scrape or crawl any web pages contained on the site;
  • attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect or restrict access to the site;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the site; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

PRIVACY POLICY

Foria handles your personal information in accordance with our posted Privacy Policy which is incorporated into these Terms by reference.

AGE REQUIREMENT

YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEBSITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEBSITE FOR ANY REASON.

NOT MEDICAL ADVICE

Information provided on the Website including without limitation information regarding product attributes is provided as general information. Information provided on the Website is not intended to be medical advice, nor is it intended to replace the need to consult a healthcare provider. Rather, we provide this information for discussion between consumers and their healthcare providers who will ultimately make any decisions regarding treatment.

LICENSE AND ACCESS

Subject to these Terms Foria grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the services. This license does not include any resale or commercial use of any service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by Foria or its licensors, suppliers, publishers, rightsholders, or other content providers. No service, nor any part of any service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Foria. You may use the services only as permitted by law. The licenses granted by Foria terminate if you do not comply with these Terms.

YOUR ACCOUNT

You may be required to register with Foria in order to access certain services or areas of the site. With respect to any such registration, we may refuse to grant to you the username you request. Your username and password are for your personal use only. If you use the site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Foria, Foria reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; and other communications; questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Foria reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Foria a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Foria and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Foria for all claims resulting from content you supply. Foria has the right but not the obligation to monitor and edit or remove any activity or content. Foria takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT INFRINGEMENT POLICY/DMCA

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied or used on the site in a way that constitutes copyright infringement, please send the following information to the Copyright Agent named below:

  • Your address, telephone number, and email address.
  • A description of the copyrighted work that you claim has been infringed.
  • A description of where the alleged infringing material is located on the site.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

The contact information for Foria’s Copyright Agent is as follows:

hello@foriawellness.com

For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.  Foria may at its discretion suspend or terminate the access of and take other action against users, subscribers, registrants, and account holders who infringe the copyright rights of others.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the Website, including terminating, changing, suspending or discontinuing any aspect of the Website and or the products and services provided through the Website at any time, without notice. We may impose additional rules or limits on the use of our Website. You agree to review these Terms regularly for any changes and your continued access or use of our Website will mean that you agree to any changes.

You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our Website or for any service, content, feature or product offered through our Website. We may assign these Terms to anyone for any reason. You may not assign these Terms without our prior written consent.

PRODUCTS OR SERVICES

All purchases through our Website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our Website or limit the sales of our products or services to any person, household, geographic region or jurisdiction.

Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our Website are quoted in U.S. dollars and do not include the cost of shipping. We reserve the right, in our sole discretion, to refuse orders. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities in addition to pursuing any other rights or remedies we have at law.

RETURN AND EXCHANGE POLICY

With an unwavering commitment to clean ingredients and sustainable practices, it’s our joy and purpose to make life-changing, all-natural, organic formulas to help you feel your best in your ever-evolving body. We are wholeheartedly committed to your satisfaction.
Please check your shipment upon arrival to ensure it has not been damaged during transit. All claims for damaged products must be made within 72 hours of receipt. Please submit information here, and we will help you resolve the issue promptly.
We offer a 60-day customer satisfaction guarantee. If you are unsatisfied with your purchase, please start the return process here within 60 days of receipt. We are happy to offer you store credit, an exchange, or a refund.  Unfortunately we cannot accommodate refunds beyond the 60-day satisfaction guarantee period.
Please ensure all refund requests are submitted within the specified timeframe.

 

SHIPPING POLICY

We ship using secure couriers in unmarked packages. 

Shipping within the US:

  • Standard Shipping:
    • Free for all orders over $70 and a small fee for any orders under $70 within the contiguous US.
    • Average transit time is 3-6 business days, but could take up to 10 business days until first delivery attempt. 
    • We do not guarantee shipping times for Standard Shipping. 
  • Expedited Shipping:
    • Customer pays shipping based on weight of package. 
    • Average transit time is  2-5 business days until first delivery attempt. 
    • We do not guarantee shipping times for Expedited Shipping.

Shipping to Alaska, Hawaii, Puerto Rico, Guam, US Virgin Islands, and other US Territories:

  • Standard Shipping:
    • Customer pays a flat $10 shipping fee.
    • Standard shipping is the only option for these destinations. 
    • Your package is not subject to customs declaration.
    • We do not guarantee shipping times to these destinations. 

 Shipping outside of the US:

      • International Shipping fees are paid by the customer based on destination and weight of the package. 
      • There is no average shipping transit time for international shipping as it varies from country to country. 
      • The customer is responsible to pay any customs fees or tariffs incurred by the destination country.
      • Depending on the country of destination and varying regulations around CBD, some packages can take several weeks to clear customs.   If your tracking shows a delay in customs, please contact them directly to see what they need.    We are happy to provide additional product information to customs upon request.   
      • We cannot guarantee that all packages will be cleared by customs and reach their destination.  
      • We cannot guarantee shipment times outside of the US.  
      • Countries we don't currently ship to:
        • Australia, Bahamas, Bermuda, Bolivia, Bonaire, Botswana, Brunei, Canada, Cape Verde, Cayman Islands, Chad, Chile, China, Colombia, Cook Islands, Curacao, Ecuador, Fiji, French Polynesia, Gambia, Guinea-Bissau, Guyana, Honduras, Hong Kong, Iceland, India, Iran, Israel, Ivory Coast/Côte d'Ivoire, Jamaica, Japan, Kosovo, Kuwait, Laos, Lebanon, Libya, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mauritania, Mexico, Moldova, Mongolia, Montenegro, Morocco, Myanmar, Nepal, New Caledonia, New Zealand, Oman, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Portugal, Russia, Rwanda, Saba, Samoa, Senegal, Singapore, Sint Eustatius, Slovakia, Somalia, South Africa (order at our South African partner site), South Sudan, Spain, Sri Lanka, Suriname, Swaziland/Eswatini, Trinidad and Tobago, Tunisia, Uganda, United Arab Emirates, Uruguay, Vanuatu, Venezuela, Wallis and Futuna, Western Sahara, Yemen, Zimbabwe

For any specific questions on shipping, please contact our customer care team at 1-844-69-FORIA or hello@foriawellness.com for further information.

OPTIONAL SHIPPING WARRANTY

Customers may be offered the option to purchase a Shipping Warranty at checkout.

If my shipment shows "Delivered" by the carrier, but I didn't receive it, what should I do?

You would submit a claim for a lost package and we will send you a replacement or a refund. However, it may be a good idea to check with a neighbor if they may have received it in error.

How long after my purchase would a package be considered "lost in transit" for an address within the USA?
Most of our packages are shipped with USPS First Class and can take up to 10 days to deliver. If your shipment has been in transit for more than 10 days and there is no update on your delivery date, submit a claim and we will replace or refund your purchase.

What happens if my package is stolen?
If your package was stolen, we will send you a replacement or refund upon receipt of your claim. Please add in the notes if we should send your replacement package to a different address where you can receive packages with less risk for theft.

Does Foria require a police report for stolen packages?
No. We don't require a police report.

What should I do if I receive a damaged package?
Submit a claim within 72 hours of receiving the damaged goods along with a picture of the package and the damaged product. We will send you a replacement or a refund.

How do I submit a claim?
When you purchase Foria's order protection service, you will receive an email with a link to the claim submission page.
If you need assistance, please contact hello@foriawellness.com

How long will it take to process my claim?
Your claim will be reviewed and processed within 2-3 business days. Please include as much information as possible for faster processing. Contact us at hello@foriawellness.com if you have questions regarding your claim.

How long after my purchase would a package be considered "lost in transit" if it is not delivered to an address outside of the USA?
International deliveries vary for different parts of the world, and can be anywhere from 2-6 weeks. Depending on the destination, your tracking may or may not continue showing detailed updates once the package has reached the border and been handed over to your regional or local postal service. Please contact us at hello@foriawellness.com if you are uncertain whether your package may be lost and you should submit a claim.

LINKS TO THIRD PARTY WEBSITES

Links from or to websites outside our Website are provided for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our Website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. We shall not be a party to any transaction between you and any third party including any third party advertising on our Website, and we shall not be liable for any losses or damages arising out of such interaction with any third party. Without limiting the foregoing, any link to a third party press release, media coverage, stock exchange website or analyst coverage should not be taken as an endorsement by us of the views, analysis or projections contained in such materials.

ERRORS AND OMISSIONS

Please note that our Website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.

We do not undertake to update, modify or clarify information on our Website, except as required by law.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM 

In connection with providing the services, we may offer a mobile messaging program (the “Program”), which you agree are subject to our Privacy Policy and may be subject to additional mobile messaging terms and conditions upon your opt-in to the Program.

DISCLAIMER AND LIMITATION OF LIABILITY

You assume all responsibility, liability and risk with respect to your use of our Website and any information and materials contained on the Website, which is provided "as is" without warranties, representations or conditions of any kind, either express or implied, statutory, by usage of trade, course or dealing or otherwise with regard to information accessed from or via our Website, including without limitation, all content and materials, and functions and services provided on our Website, all of which are provided without warranty or condition of any kind, including but not limited to warranties or conditions concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties or conditions of title, non-infringement, merchantability, merchantable quality or fitness for a particular purpose. We do not warrant that our Website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our Website or the servers that make our Website available are free of viruses or other harmful components.

The use of our Website is at your sole risk and you assume full responsibility for any costs or losses associated with your use of our Website. We will not be liable for any damages of any kind related to the use of our Website.

In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or any other theory of law, arising from your use of, or the inability to use, or the performance or functionality of our Website, our products or any content or material or available on or through our Website, the cost of procurement of substitute goods, data, information or services, loss of data, errors, mistakes or inaccuracies in the materials on the Website, or any personal injury or property damage. These limitations shall apply even if we are advised of the possibility of such damages.

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, demands, threats, actions, proceedings, expenses (including reasonable attorney fees and court costs) in any way arising from, related to or in connection with your use of our Website including in connection with any products offered through our Website, your violation of the Terms or any applicable law or regulation, or the posting or transmission of any materials on or through the Website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

ENTIRE AGREEMENT

These Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

WAIVER

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

HEADINGS

Any headings and titles herein are for convenience only.

SEVERABILITY

If any of the provisions of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

GOVERNING LAW

Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our Website, or our products or services offered on our Website will be resolved in accordance with the laws of the State of Colorado without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our Website must be brought before the courts of the State of Colorado in the City of Boulder, Colorado and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

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