TERMS & CONDITIONS
Last Modified: June 07, 2017
Branz Interests LLC (“Liporoller”, “Company”, “We”, “Us” or “Our”), is the owner and operator of website located at www.liporoller.com (“Website” or “Site”). The website offers post liposuction recovery products.
The following Terms and Conditions are a legally binding agreement between you (the “Customer”, “User”, “You”, or “Your”) and the Company.
By proceeding to use the Website, you represent and warrant to the Company that you have read and fully understood all the provisions of this Agreement.
- You must be at least 18 years of age to access and use our Website;
- Please note we do not accept any cancellations 14 days after the date of delivery;
- If you wish to return a product and/or request replacement or refund, please see our return, replacement and refund policy for more information on steps you need to take to request return, replacement or refund;
- We do not offer any product warranties other than those manufacturer’s warranties as described on product packaging.
3. Key Terms
For the purposes of this agreement, the following terms shall hold the meaning as defined below:
“Product” - refers to any product listed on the website.
“Customers” - refers to Users who place an order (by making full payment) to purchase a product through the Website.
The Company reserves the right to amend any provision of this Agreement as well as the right to discontinue the product at any time without giving any prior notice to you. The notice of amendments is served by updating the last modified date on the top of these Terms and Conditions. You are advised to review these Terms and Conditions everytime you visit the Website or order a product. The Terms in effect at the time of your order will govern the sale agreement between you and the Company.
You must be at least eighteen years of age to order a product through the Website. Please do not order a product through the website if you do not meet the age eligibility criteria as we cannot enter into a legally binding agreements with people under the age of eighteen.
IN THE INTEREST OF PROTECTING CHILDREN’S POLICY USERS UNDER THE AGE OF THIRTEEN YEARS ARE STRICTLY PROHIBITED FROM ACCESSING THIS WEBSITE. WE DO NOT KNOWINGLY COLLECT ANY PERSONAL INFORMATION FROM PERSONS UNDER THE AGE OF THIRTEEN.
6. Liporoller Product and Website Information
ALL INFORMATION AVAILABLE ON THE WEBSITE IS PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY. THIS INFORMATION IS NOT INTENDED TO REPLACE MEDICAL ADVICE OR TREATMENT PROVIDED BY A LICENSED HEALTHCARE PROFESSIONAL. YOU SHOULD ALWAYS CONSULT WITH YOUR DOCTOR BEFORE USING ANY NEW THERAPEUTIC TOOLS. THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES AS TO ANY SPECIFIC RESULTS THAT MAY BE ACHIEVED THROUGH THE USE OF THE PRODUCTS AND WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY FOR ANY OMISSION/ACTION YOU TAKE BASED ON THE CONTENT OR INFORMATION AVAILABLE ON THE WEBSITE.
ALTHOUGH WE TAKE ALL REASONABLE STEPS TO ENSURE THAT ALL INFORMATION ON THE SITE IS ACCURATE, WE ARE UNABLE TO OFFER ANY GUARANTEES AS TO THE ACCURACY OF ANY INFORMATION. ACCORDINGLY, ANY DECISION YOU TAKE BASED ON ANY INFORMATION / CONTENT YOU RECEIVE THROUGH THE WEBSITE IS SOLELY AT YOUR OWN RISK.
ALL PRODUCT IMAGES ON THE WEBSITE ARE FOR ILLUSTRATIVE PURPOSES ONLY. WHEREVER POSSIBLE WE WILL DISPLAY THE ACTUAL SIZE OF THE PRODUCT AND IF YOU HAVE ANY PRODUCT RELATED QUERIES PLEASE CONTACT US AT INFO@LIPOROLLER.COM BEFORE PLACING YOUR ORDER.
7. Guest Checkout, Account Registration and Safety
You can purchase a product without registering an account using the Guest Checkout feature however if you wish to access additional functionality on the website, you will be required to create a customer account.
You are under a legal obligation to only provide us with accurate and current information when requested. In the event of any material change in your personal information, you must update your account information by visiting “My Account” page on the Website or alternatively contacting us at email@example.com with the words “Account details” in the subject line.
We reserve the right to immediately terminate any account if we discover that we were provided false or fraudulent information. Customer accounts are offered solely at our discretion. We may refuse to provide a Customer account at any time without providing any reason for our decision. You are solely responsible for maintaining the confidentiality of your account login details.
You understand and agree that all activity under your account is solely your responsibility, regardless of whether you authorized it or not. You are obligated to immediately notify us of any unauthorized use of your account. You hereby release the Company from any claim, loss or damage suffered by you as a result of any unauthorized access to your account.
8. Placing your order
The Site offers Customers a convenient way to purchase products online. Customers can simply select the product and place their order at www.liporoller.com. We use secure Paypal Payment gateway as well as Stripe payment processor that enables our Customers to easily make payments using any major credit and debit cards. By selecting a payment processor for your purchase, you are agreeing to abide by that Payment Processor’s terms and privacy practices. To learn more about the legal policies and practices of Stripe please click here and to learn more about Paypal’s legal policies and practices please click here.
The Company currently uses USPO/FedEx/UPS/DHL for shipping products to all locations listed on our website. Unless expressly stated otherwise, you are solely responsible for all shipping fees displayed for your order.
An order is only deemed accepted after the order confirmation email is sent by the Company. We will not process any orders before sending a confirmation email. Please note, by submitting your order through our website you are agreeing to pay for any/all items you ordered (including any taxes and shipping fees as visible at the time you placed your order) when we send you the confirmation email.
9. Delivery, Pricing and Payment Policy
The delivery of products available through www.liporoller.com is subject to availability. In the event we are unable to fulfill your order, we will immediately notify you of termination of your request via email.
All orders are delivered to shipping address provided by customer at the time an order is placed. The title and the risk passes to the Customer upon delivery of the product. All orders are delivered by one of our preferred shipping service provider: USPO/FedEx/UPS/DHL and will be delivered to you within the estimated delivery time frame stated at the time you place your order.
You understand and accept that the delivery timeframes provided by us are estimates only and we do not offer any guarantees as to the time and date of your delivery. We use third-party shipping service providers and we do not accept liabilities for any delay in delivery. If you do not receive your ordered product within 30 days from the confirmation date, you may immediately cancel your order and we will offer you a full refund in accordance with our Customer return, replacement and refund policy as outlined below.
The Company may in its sole discretion and without giving any prior notice to you change any product prices, at any time. Please be assured that our change of product prices will not impact any orders that you have already placed and you will be charged the product price listed on the Website at the time you placed your order. Although we take all reasonable care to ensure the product price as listed on the website is correct, we cannot offer any guarantees. In case of errors in pricing on your order, we will contact you and offer you an opportunity to place your order at the correct price.
10. International Deliveries
Importing products from other countries can attract import duties and taxes in the destination country. Our product prices as listed on the website do not include such import duties and taxes. Any international duties and taxes are borne by the Customer only.
11. Return, Replacement and Refund Policy
Except for gift items and products purchased on our online sale, you may return a Product at anytime within fourteen (14) days of receipt of delivery and receive a full refund if you choose to do so. Should you choose to return a product, you must submit a return request and upon receipt of confirmation email from the Company, the product must be shipped back to the Company in accordance with this provision. Please note that the Customers will be responsible for the payment of two-way shipping fees, insurance charges and in case of international returns any additional duties payable. You may not return any products after the lapse of this fourteen day period.
To submit your return request for items purchased from www.liporoller.com you must notify the Company of your intention by emailing us at firstname.lastname@example.org. Once you receive confirmation email for your return request you must ship the product back to following address:
515 S. Fry Road A
Katy, TX 77450
Please note we reserve the right to reduce or refuse refund if we find that:
- The item has been used with visible signs of wear and it can no longer be sold as new;
- Item was damaged during return shipping as a result of poor packaging;
- Return shipment does not contain all the items for example any parts, accessories and manuals are missing.
- Return package is not clearly labeled with your order number;
Incorrect deliveries, damaged items and gifts
In the event we delivered incorrect item to you or the item you received contained a manufacturing defect or was damaged when you received it, we will gladly replace it for you or offer you a full refund after we receive the returned item. To request a replacement for incorrect and damaged items please contact us via email within 14 days from the date of receipt of the item.
Please note that we are unable to offer refunds for an item you receive as a gift from a Customer, however, we will gladly offer you a gift credit if you return a gift item within 30 days from the date of purchase provided the product is still in its original packaging, unused and undamaged. To request return for gift items please contact us via email within 30 days from the date of purchase of the item.
All replacement requests must be sent to: email@example.com along with the following information: your full name, delivery address, email address and order number. You will be required to return the non-compliant item or gift item you wish to replace or return to our returns address within the abovementioned timeline after you receive confirmation from us.
Please note that you can only return items for replacement if the following conditions are met:
- Items must be purchased from our online store;
- Return request must be made within abovementioned timeline;
- Items must be unused and in original packaging;
- In case of defective or damaged items, the defect or damage was not caused by you after taking delivery of the product;
- Return item must include all original items (tags, manuals etc);
- Return shipment must be securely packaged to prevent any damage to the items during shipping;
Please note that we reserve the right to refuse replacement or accept any returns if the above requirements are not satisfied.
In case of incorrect deliveries, we will cover two-way shipping fees to enable you to return the item back to us for no additional cost to you.
We will not offer full refunds or replacements if the item is damaged as a result of you not following the product care instructions.
Where you qualify for a full or partial refund, we will process the refund within 30 days of the receipt of the returned item. All refunds are processed using the same payment method that you used to purchase the product and made to the person who made the original payment. As we rely upon our Payment Processor to process refunds, we cannot offer you any guarantees as to the exact date and time for refunds reaching your account. You will receive the price you paid for the returned product.
12. Product Warranty
Unless expressly stated otherwise, we do not offer any warranties or guarantees for any products of any nature. Please note, where applicable product warranty does not cover any shipping costs for replacements and such costs will be borne by the customer who wishes to claim the warranty.
We may offer specific manufacturer’s warranties for liporoller which will be described on the product packaging and to claim warranty, the customer will be required to provide us the following information:
- Proof of purchase / order number,
- A detailed description of the issue,
- What caused the issue.
In certain circumstances we may require you to send us clear pictures of damage to enable us to assist you with your claim and you will be required to send the product back to the return address provided in these terms.
Please ensure that return shipment is securely packaged to prevent any damage to the items during shipping and pick-up/re-delivery fees will be payable by the Customer.
13. Cancellation Policy
You have the right to cancel your order any time before we dispatch the order or within 14 days from the date you accept delivery of the purchased item. To exercise your right to cancel, please contact us at firstname.lastname@example.org by using the word “Cancellation” in the subject line. Please note that if you fail to notify us of your intention to cancel within 14 days of receipt of your order, the sale will be deemed final and the Company is not under any obligation to accept return and offer you a refund.
The Company reserves the right to cancel any order at any time after the occurrence of any of the following:
- The products ordered being unavailable for any reason; or
- The Customer being in breach of any provisions of these terms;
- We cease our business operation for any reason
14. Gift Cards
In addition to all the applicable terms and provisions of this Agreement, any gift cards purchased through the website will also be governed by the terms and provisions as described hereunder, if you do not agree with these terms, please do not purchase a gift card:
Redeeming gift cards
15. Intellectual Property
Excluding any User Generated Content, all products sold on www.liporoller.com and all content made available by the Company including without limitation, the text, graphics, logos, trademarks, audio, video, interactive features, software and the like (“Company Content”) are owned by and/or licensed to the Company and subject to trademark, copyright and other intellectual property rights under the local and international laws and conventions. You agree not to copy, sell, transfer, license, sublicense, assign, reproduce, republish, disassemble, decompile, reverse engineer or distribute any Company Content in any way except as intended under the Agreement. You further agree not to adapt, alter or create a derivative work from any Company Content without the prior written permission of the Company. You agree not to remove any copyright, trademarks and any proprietary notices from any Company Content. You understand that any use of Company Content on any website, system or application that is not owned and operated by us is strictly prohibited.
We hereby grant you a limited, non-exclusive, non-transferable license to use the Company Content for your personal and noncommercial use only.
We reserve the right to prosecute any violations of this provision to the fullest extent permitted by law. You acknowledge that breach of this provision can incur criminal as well as civil liability.
16. User Generated Content
User Generated Content refers to any and all content uploaded, posted or shared by a User on the Website. User Generated Content includes but is not limited to any questions, comments or product reviews posted by Users. By posting, submitting or contributing such content through the Website, you represent and warrant to us that you have the requisite intellectual property rights and authority to post the content on the Website and that such submission is not contravening anyone’s existing legal rights and/or your obligations towards any third-party. You further grant the Company and its authorized personnel the right to identify you as the author / creator of such User Generated Content where appropriate and/or if required by law.
We do not claim ownership of any User Generated Content, however by posting, sharing or contributing User Generated Content through the Website and our social media pages, you expressly grant us irrevocable, royalty-free, nonexclusive, world-wide license to use, distribute, reproduce, modify, adapt, publish, display, create derivative work or share, in print or on any digital media, any of your User Generated Content, including but not limited to ratings and reviews for liporoller. You hereby waive any claims to future compensation arising from the Company’s use of your User Generated Content in any form.
You understand that all User Generated Content is the sole responsibility of the User from whom such Content originated; that the Company will not be liable for any errors, omissions or inaccuracies in any User Generated Content. Your use of User Generated Content is solely at your own risk.
17. User Conduct
You agree that you will never:
- Use the site or any products offered by the Company for any illegal or unlawful purposes;
- Post any content that may be potentially or actually harmful to the Company or any User;
- Post any content or information that is false, inaccurate, misleading or deceptive in nature;
- In any way, infringe any User’s, Company’s or third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights;
- Act in any manner that may lead to a violation of any applicable laws or regulation;
- Post any content that may be deemed defamatory, libellous, threatening or harassing;
- Post any content that is obscene or contain any material, that we may in our sole discretion deem inappropriate or unlawful;
- Intentionally or unintentionally cause harm or subvert the function of the Website by introducing any viruses or other computer programming routines that may damage, modify, delete or interfere with any system, data or personal information stored on Website;
We will be delighted to hear from your views on liporoller products and any suggestions for improvements. Please note that although we love to hear from our consumers, we want to avoid all misunderstanding about the nature of this communication. You understand and accept that by sending us your feedback, ideas and suggestions you are granting us full and exclusive rights, to use, disclose and otherwise exploit your ideas and suggestions, either by inclusion in our current product line or creation of a new product, in whole or part, without any restriction or compensation to you now or ever in future.
19. Limitation of Liability
Nothing in this Agreement shall act to exclude or limit the liability of the Company for death or personal injury resulting from negligence, fraud or any other liability that cannot be excluded or limited by applicable law. In no event shall the Company, its directors, officers, employees, shareholders and agents be liable for any loss of profits, loss of opportunity, costs incurred in procurement of substitute products or indirect, incidental, special or consequential damages, arising from our related to your use of products or failure to do so.
PLEASE NOTE THAT THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR HOW USERS USE OUR PRODUCTS, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR USER BEHAVIOUR. THE COMPANY MAKES NO REPRESENTATION REGARDING THE SUITABILITY OR AVAILABILITY OF THE PRODUCTS. THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED IN LAW.
You agree to release, defend, indemnify, and hold harmless the Company, its founders, employees, affiliates, subsidiaries against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(i) The violation of these Terms by you;
(ii) Your gross negligence or willful misconduct, or;
(iii) The infringement by you, or any third party using your Liporoller account on the website, of any intellectual property or other rights of any person or entity.
21. Governing Law and Jurisdiction
The agreement shall be governed by the laws of the State of California. Both the User and the Company agree to submit to the exclusive jurisdiction of state or federal courts located in the Los Angeles county in the state of California.
22. California Civil Code Section 1542 Waiver
You hereby release the Company, its directors, shareholders and employees from all unknown risks arising out of or associated with the use of Liporoller product. If you are a resident in the State of California, you expressly waive California Civil Code Section 1542 which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor”.
23. No Class Action
Neither the Company nor the User shall bring any action against the other as a class member in any class action. Any claim brought by the Company or the User must be brought in their own individual capacity. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THESE TERMS.
If applicable law finds any provision of this Agreement to be unlawful, void, or for any reason unenforceable, then such provision will only be limited to the minimum extent necessary and such limitation will not impact the validity and enforceability of the remainder of this Agreement.
25. Force Majeure
Neither the Company nor the User will be held liable for failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.