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HealthyIndeed.com Terms & Conditions:

HealthyIndeed.com is a registered Texas DBA, a part of a duly authorized Limited Liability Corporation, located in Round Rock, Texas. HealthyIndeed.com will hereinafter be referred to as “Healthy Indeed” or as “we” or “us” or “our”. “Customer” and/or “you” or “your” or “client” refer to all individuals and entities purchasing products from Healthy Indeed. The “Card” term generally refers to both the credit and debit cards that you are using to make the purchase.

  1. EXCLUSIVE TERMS. These terms and conditions are the exclusive terms and conditions by which all Healthy Indeed products are sold to a Customer. Healthy Indeed expressly rejects all other conditions of sale, proposed or imposed by a Customer, in whatever form, before or after sale, unless expressly approved in writing and signed by an authorized corporate officer of Healthy Indeed. You agree, at our discretion and without notice to you, unless we have agreed otherwise, in the form specified in this section, to your terms and conditions, whenever and however your terms have been communicated to us, that we may disregard your terms and conditions as having no legal force or effect and proceed as if you have not communicated your own terms and conditions, or we may reject your order.
  2. AMENDMENT OF TERMS. These Terms and Conditions may be amended by us from time to time, without notice. Our most current terms and conditions will always be posted here on our website or at www.healthyindeed.com/terms-and-conditions. You agree that your ordering of products from us, whether on the internet, by phone, fax, email or in person, constitutes your agreement to our Terms and Conditions as they exist as of the date you place your order. You agree that it is your responsibility to either review our current terms on our website or to otherwise obtain a copy of our current Terms and Conditions prior to placing an order.
  3. ACCURACY OF INFORMATION. Healthy Indeed makes reasonable efforts to provide accurate and timely information about its products on its website (www.healthyindeed.com), or within its written material. Except for product specifications we provide you, you may not assume that the information provided is always up to date, accurate or that all the relevant information is stated. You waive any claims arising from inaccurate or omitted information on our website and other written material (except for product specifications and Certificates of Analysis). You are encouraged to bring what you believe to be inaccurate or omitted material to our attention by sending an email to healthyindeed@gmail.com.
  4. PRODUCT PRICING. The price we charge for our products is subject to fluctuations without notice, including availability of product, and cost of shipping. From time to time we may offer special promotions that impact price, availability and shipping cost.
  5. PAYMENT TERMS CREDIT/DEBIT CARDS.
    1. Under no circumstances, there shall be no credit terms of any kind. All purchases must be paid for at the time of placing the order or on a COD basis.
    2. Healthy Indeed accepts Visa, MasterCard, American Express, Discover debit and credit cards (“Card” or “Cards”) as well as Paypal. Money orders, cashier’s checks, company checks and personal checks are not accepted. At this time, there is no surcharge for using your Card to make purchases with. Cards will be charged upon placement of your order.
    3. CARD SECURITY. All Card transactions, whether initiated on our Website or by a third-party (such as Paypal) or some other means are compliant with Payment Card Industry (PCI) security standards, and all Card numbers are encrypted. In the event of an unauthorized use of your Card, notify your card provider or issuing bank in accordance with its reporting rules and procedures. Unauthorized use of your Card may be subject to regulations that limit liability. In no event will Healthy Indeed be liable for unauthorized use of your Card by a third party. If you choose to pay for your purchases from us with a Card, you are agreeing that Healthy Indeed may submit proper charges to that Card, and that Healthy Indeed is not liable for unauthorized transactions by third parties.
    4. Healthy Indeed reserves the right to charge Customer a 3% credit card transaction fee, if Customer pays with a credit or debit card for those charges that are less than $15.
    5. All orders will not be processed nor shipped until the payment has been cleared and received by our appropriate financial institution. On the unforeseen and exceptional occasion that somehow shipment took place prior to clearing a payment, you will be receiving an email or a phone call immediately advising of such a mishap. At which point we will request for another Card transaction. Should the Card turn out not honored by the bank or Card Company at this time, your purchase is deemed to be not received on time and subject to late payment penalty charges – additional 3% of the invoice amount per day cumulative. Should the unpaid outstanding bill becomes longer 30 days from the shipped date, total amount you owe us will be subject to additional service charge of 10% per month and you will pay our cost of collection, including legal fees, whether or not we file a legal action.
    6. In addition to statutory fines that may be available to us, in the event your Card is not honored, you will pay a $25.00 service charge in addition to all other penalties and fees arising from your failure to pay in accordance with our credit agreement.
  6. CUSTOMER SPECIFICATIONS. The quality control parameters stated in Healthy Indeed’s product Specification and any other supplemental material are the one and the same specifications provided by the manufacturer as per their publication. It is the responsibility of the Customer to determine if the specifications meet the Customer’s requirements. Healthy Indeed is not obligated to meet quality control parameters specified by the Customer. Healthy Indeed makes no representation, expressed or implied that its product specifications are within the parameters of a Customer’s requirements, stated or unstated.
  7. US SHIPPING.
    1. Healthy Indeed products are available in continental U.S. and its territories. The shipping charge is currently at $5.00 flat rate for all orders with quantities of 1 or 2 (same kind or mix-match). Shipping charge is waived when more than 3 items (same kind or mix-match) are placed on an order. We currently do NOT accept any expedited deliveries. We reserve the right to change the shipping fee and courier of our choice without notice. Delivery time should be between 3 to 5 business days.
    2. INTERNATIONAL TRANSACTIONS & SHIPPING. Healthy Indeed products are available to ship internationally. Here are the conditions: All transactions MUST be done and completed in US dollars on a valid credit or debit card before any shipment is to take place. All other terms and conditions described in this document are enforceable for international shipping as well.
    3. For Canada, the current ship rate is $25.00 per order for 1 or 2 product items (same kind or mix-match) per order. Any order with 3 or more items (same kind or mix-match) has a ship rate of $12.00 US. Delivery time to all Canadian destinations may take anywhere between 1 to 3 weeks from the ship date.
    4. For international destinations  that we ship (we reserve the right not to ship products into any country of our choice), we are currently charging $25.00 with a maximum of 3 products per order (same kind or mix-match) per order. Please expect at least 2-5 week of delivery time from the ship date.
    5. SHIPPING (US and International)
    6. Unless we have agreed to pay for shipping as part of a promotion, all shipping is charged to you and will be included on the order invoice or by separate invoice if shipping charges are not ascertainable in advance.
    7. In all cases, Healthy Indeed’s responsibility for the risk of loss ceases upon delivery to the shipper, and thereafter, you will bear the risk of loss. You must make all claims arising from shipping directly to the shipper, unless the shipper requires Healthy Indeed to submit the claim. If so required, Healthy Indeed will process and submit a claim to the shipper on behalf of the Customer for damages that occurred during shipping. In no event will Healthy Indeed have liability to the Customer with respect to Healthy Indeed’s handling of the claim nor is Healthy Indeed responsible for the shipper’s claim adjudication.
    8. PARTIAL FULFILLMENT – On an occasion when a product within the same order is out of inventory due to a manufacturing backlog, we will advise the Customer via email as soon as possible of the out-of-stock product and its estimated available date. Customer will have a choice at this point to take out the out-of-stock product from the order and proceed to completion or to cancel the existing order in its entirety. To complete the newly updated order, He/she will receive a refund on the same Credit/Debit Card for that missing product. The updated order will then be shipped out to the client.
  8. LIMITED WARRANTY AND LIMITED LIABILITY. YOU AGREE TO INSPECT ALL PRODUCTS AND PACKAGING IMMEDIATELY UPON RECEIPT. HEALTHY INDEED AGREES THAT IT WILL REPLACE ALL DEFECTIVE PRODUCTS, WHEN THE DEFECTS ARE REPORTED WITHIN SEVEN CALENDAR DAYS OF YOUR RECEIPT OF THE PRODUCT. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HEALTHY INDEED’S LIABILITY UNDER THE FOREGOING WARRANTY SHALL NOT EXCEED THE PURCHASE PRICE OF THE GOODS, OR AT THE ELECTION OF HEALTHY INDEED, THE REPLACEMENT OF THE GOODS. IN NO EVENT SHALL HEALTHY INDEED BE RESPONSIBLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES.
  9. RETURN OF GOODS
    1. We guarantee the products quality, purity, and potency. However, we cannot and do not guarantee results. It is extremely rare that a return is asked for.  However, in the unlikely occurrence of such an event, we honor the standard return policy of 15 days (from shipped date) for products purchased through this website. Here are the details that you need to follow for returning products:
    2. Goods may be returned, pursuant to Healthy indeed’s policy as set out in the previous section, if you have contacted us within 7 days of receipt of merchandise and we have given you a Return Goods Authorization (RGA) number. We will replace the defective merchandise. A Return Goods Authorization (RGA) number MUST be requested for by email along with specific reason for return.  Products returned without an RGA will be destroyed with no credit given. All returns must include your original packing receipt, order number, RGA number, full name and date ordered.  Please package the items well and purchase insurance or Delivery Confirmation service. We will not be able to honor credits for packages not received or merchandise that comes back to us damaged.
    3. All goods may be returned to us with the bottles or other packaging unopened, unmarked and in saleable condition and shipped at your expense within 15 days of your receipt of the goods and will be subject to a 15% return fee. Returns are processed within 5 business days of receipt of the returned product.
    4. All refunds are for product costs only. No shipping charge will be refunded. The refund will be made to the same credit card used when order was originally placed.
    5. In some instances, a product replacement instead of a Card refund may be mutually agreed between us and the Customer. In such an instance, the replacement product must be in excess cost-wise to that of the returned product.
    6. If you received a different product than you ordered or your order arrives incomplete or damaged, please Email us immediately after receiving your order.
    7. For all questions, please use this email address: healthyindeed@gmail.com. Other than the aforesaid circumstances, the return of merchandise is not allowed.
  10. NO HEALTH OR OTHER REPRESENTATIONS.
    1. All statements on our Website, and in other written material about Healthy Indeed’s products have not been evaluated by the Food and Drug Administration. Healthy Indeed’s products are not meant to diagnose, treat, cure or prevent disease. Notwithstanding the fact that Healthy Indeed may include product cautions and contraindications on our website or other written material, this information is not intended to be complete or comprehensive and it may not cover every health-related matter and every possible health-related issue. The information is not intended to substitute for the advice of a health care professional.
    2. Customer has not relied upon information or statements on our website or other written material or information or opinion directly provided by Healthy Indeed and its employees, including but not limited to our sale and professional staff for the purpose of purchasing, prescribing or using our products. Customer has solely relied on Customer’s own skill, judgment, exercise and knowledge when purchasing and using Healthy Indeed products.
    3. PRODUCTS PURCHASED FOR DIRECT RETAIL SALES – UNLESS PREVIOUS CONTRACTUAL AGREEMENTS WERE ESTABLISHED, WE DO NOT HAVE ANY INTENTION TO SELL PRODUCTS FOR RETAIL PURPOSES. IF WE ARE MADE AWARE OF SUCH A SITUATION, WE WILL TERMINATE THE ACCOUNT AT OUR OWN DISCRETION. HOWEVER, IN CASE THERE WAS ANY PRODUCTS PURCHASED FROM OUR WEBSITE, UNBEKNOWN TO US, FOR DIRECT RETAIL SALES PURPOSE, HERE ARE DETAILS YOU NEED TO ADHERE TO BY GOVERNMENT REGULATIONS:
  11. FDA REQUIREMENTS. The following terms apply when our products are offered by you for sale to the general public through all retail channels including, but not limited to, brick and mortar stores, catalogs, direct mail and the internet (collectively, “Retail Sale”).
    1. You warrant that during all periods of time that our products are offered by you for Retail Sale that you are properly licensed in your jurisdiction to engage in Retail Sales business activity and that you have in place Products Liability Insurance The failure of Healthy Indeed to request proof of required licenses and insurance shall not constitute a waiver of those requirements.
    2. When offering our products for Retail Sale to the general public, your marketing information, whether written, digital, video and/or verbal shall be fully compliant with FDA laws and regulations pertaining to the sale of dietary supplements and the Dietary Supplements Health and Education Act of 1994 (“DSHEA”). You will not offer Healthy Indeed products for Retail Sale in conjunction with direct or indirect making of Disease Claims (a claim to diagnose, cure, mitigate, treat, or prevent disease) regardless of the source or validity of the claims, even if you originally obtained the information from Healthy Indeed. Disease Claims may not be made directly or by referencing or linking to other material or by inviting customers to search for Healthy Indeed products by symptom on our Website or in our catalogue or other written material, or by any other means reasonably understood to convey a Disease Claim.
    3. You may display in your marketing material the following information about our products: Standard dosage, Ingredients, Cautions and Contraindications and any TCM functions, if not in violation of FDA restrictions on Disease Claims and/or the DSHEA, and you may make appropriate claims describing the product’s “structure and function”. Your marketing information may, if you so choose, reference the manufacturers’ product quality, manufacturing standards and their product testing. We do not offer you legal advice on what the FDA regards as impermissible Disease Claims and/or allowed structure and function claims when you are marketing any dietary supplement, including our products. You may not rely on Healthy Indeeds marketing material in determining for yourself what is permissible and not permissible when stated by you, although you may rely on Healthy Indeed’s most current website information for products, for the limited purpose of complying with your contractual obligations to Healthy Indeed pursuant to this Section. We suggest that you consult with your own legal counsel, the FDA web site, and/or your professional trade association with respect to such matters.
    4. While it may be appropriate and/or necessary to include the standard FDA disclaimer with your marketing material for our products (for example: All statements made have not been evaluated by the Food and Drug Administration. This product is not meant to diagnose, treat, cure or prevent disease), nonetheless the presence of that disclaimer does not then allow you to make an otherwise impermissible Disease Claim. If a Disease Claim violates FDA laws and regulations, then you have violated this Section without regard to your inclusion of such a disclaimer, and if done with respect to Healthy Indeed’s product, you would be in violation of this Section.
    5. If Healthy Indeed reasonably believes that your marketing material for Healthy Indeed products is in violation of the Retail Sales provisions of this Section, in addition to all other rights it may have pursuant to the Terms and Conditions and/or statutory and common law, Healthy Indeed may terminate your Customer account and/or bring a lawsuit for injunctive relief and damages. Further, upon reasonable notice to you, Healthy Indeed may contact third party websites and providers for the purpose of blocking the sale of Healthy Indeed products sold in violation of this Section. The failure of Healthy Indeed to undertake any of these remedies does not constitute a waiver of your obligations or Healthy Indeed’s rights herein.
    6. You will immediately notify us in writing if you receive a Notice of Violation or any other Notice from the FDA to the effect that your marketing of our products may be in violation of FDA laws and regulations. (Email copies to healthyindeed@gmail.com). Providing notice to Healthy Indeed does not mean or imply that Healthy Indeed has a legal duty to respond to the notice.
    7. If we ask you to cease one or more violations of this Section and you fail to do so promptly and in a reasonable manner, and we bring a legal action against you to force you to stop, you agree that, in addition to other remedies that may be available to us, you will pay us $10,000 as liquidated damages per proven violation. You and Healthy Indeed agree that this liquidated damages sum is reasonable in light of the possible harm to Healthy Indeed by such violations and that actual damages would be cumbersome and expensive to prove.
    8. You will reimburse us for our legal fees and expenses necessarily incurred by us upon your violation of this Section, whether or not we file a legal action. Resolution of disputes under this section are otherwise subject to the provision of Section 23.
    9. This Section’s terms and conditions are not intended to apply to communications by licensed TCM practitioners and licensed medical professionals directly to their patients while diagnosing, treating and prescribing within the scope of their license. The appropriateness of private communications between patients and their health care professionals is not for Healthy Indeed to determine. However, this Section’s terms do apply in the Retail Sales setting when our products are offered to the public, regardless of whether the Disease Claims are being made by licensed TCM practitioners and health care professionals.
  12. CALIFORNIA PROPOSITION 65 COMPLIANCE
    1. California Proposition 65 mandates consumer warning labels on products sold in California which contain chemicals including heavy metals in excess of Proposition 65’s very low thresholds. Even though we believe all our products to meet the strict California Health Compliance Codes, but we cannot guarantee that they are. At this time, none of the products has any warning labels on them, including the State of California. As a result, you, the Customer, has to assume 100% full responsibility for purchasing any products from our website whether they are in compliance with your State Laws or not.
    2. If you violate the terms of this Terms and Condition in its entirety, and as a result of which we are accused of being in violation of California Proposition 65, you agree to indemnify us for all damages and penalties and to pay for legal expenses and legal counsel of our choice necessary to defend us with respect to such allegations.
    3. You will reimburse us for our legal fees and expenses necessarily incurred by us upon your violation of this Agreement, whether or not Healthy Indeed elects to file a legal action.
  13. PRIVACY – USE OF WEBSITE.
    1. GENERAL GUIDELINES OF USE. Your use of the materials included on our website is for informational and shopping purposes only. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of our website in any way. You agree to indemnify, defend and hold harmless Healthy Indeed for any and all unauthorized uses you may make of any material on the site. You acknowledge the unauthorized use of the contents could cause irreparable harm to Healthy Indeed and that in the event of an unauthorized use, Healthy Indeed shall be entitled to an injunction in addition to any other remedies available at law or in equity. Upon registering, you are required to inform us about your address and other contact and transaction related information. You agree to (a) immediately notify Healthy Indeed of any unauthorized use of the website, and (b) ensure that you exit from your account at the end of each session. Healthy Indeed cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. You agree that all information you submit to Healthy Indeed to set up for a transaction is true and accurate. You agree not to purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be yours alone and Healthy Indeed shall have no responsibility thereafter.
    2. CONDITIONS AND RESTRICTIONS ON USE. Healthy Indeed does not guarantee that the functions contained in our website will be uninterrupted or error-free, that our website or its server will be free of viruses or other harmful components, or that defects will be corrected even if Healthy Indeed is aware of them. You acknowledge and agree that Healthy Indeed may terminate your access to the Healthy Indeed website should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Healthy Indeed. Any such termination shall be at Healthy Indeed’s sole discretion and may occur without prior notice, or any notice. Healthy Indeed further reserves the right to terminate any user’s access to Healthy Indeed’s website for any conduct that Healthy Indeed, at its own discretion, believes is or may be directly or indirectly harmful to other users, to Healthy Indeed or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Healthy Indeed further reserves the right to terminate any user’s access to the website for any reason or for no reason at all, at Healthy Indeed’s sole discretion, without prior notice, or any notice. Healthy Indeed does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
    3. PRIVACY & SECURITY. Healthy Indeed is committed to protecting the privacy and accuracy of your confidential information to the fullest extent possible, subject to provisions of state and federal law. Other than in response to subpoenas or other legal instruments that authorize access, personal information is not actively shared. In particular, we do not redistribute or sell personal information collected on our web server. Your personal information is used by us to facilitate orders you place with us, and to notify you of promotions, company and product updates, and to send you informative materials such as our newsletter. However, you may opt to have us not send you any of these notices or materials at any time by changing your preference by contacting us through email.
    4. INFORMATION ABOUT YOU. When you apply to setup an online account with us, we collect various kinds of “personal information” including your name, company name, address, billing information, business type and related business information (such as license number and state) and an email address. When you make purchases from our site, we may collect purchasing information such as product orders, shipping address(es), and Card information. When you provide us such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by the Healthy Indeed at registration; and (b) you will maintain and promptly update your account data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Healthy Indeed has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Healthy Indeed has the right to suspend or terminate and refuse any and all current or future use of the Healthy Indeed website. We also collect “aggregate information”, which is information about use of our site, such as pages visited on our site.
    5. SITE SECURITY. Our website transaction pages leads you to a secure third-party company which uses SSL (Secure Socket Layer) encryption so that your personal information cannot be read as it passes over the Internet. Notwithstanding the aforesaid protections, our website in general is subject to penetration and access by third parties with varying degrees of illegal intent. Such penetration may result in access to Customer’s personal information or other harm to that Customer. In no event will Healthy Indeed be liable to Customer for damages resulting from a third party’s obtaining Customer’s personal information or any other damages as a result of a third party gaining access to Healthy Indeed’s website.
    6. LINKS. Some links on our website will allow you to connect with sites that are not under our control. Healthy Indeed is providing these links only as a convenience. The appearance of a link does not imply Healthy Indeed endorsement, nor is Healthy Indeed responsible for the contents of any linked site.
    7. FEEDBACK AND SUBMISSIONS. You agree you are and shall remain solely responsible for the contents of any feedback or submissions you make, and you will not submit material to our website that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to our website that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). While we appreciate your interest in Healthy Indeed, we do not want and cannot accept any ideas you consider to be proprietary regarding designs, product technology or other suggestions you may have developed. Consequently, any material you submit through our website will be deemed a grant of a royalty-free non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute these materials anywhere in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised.
    8. FOREIGN USE OF SITE. Healthy Indeed makes no representation that materials on its website are appropriate or available for use in other locations. If you access our website from outside the United States, be advised that it may contain references to products and services that are not available or are prohibited in your country.
  14. COPYRIGHT AND TRADEMARK. Our Website and other written material are owned by Healthy Indeed and its product suppliers. Unless otherwise specified, all materials that may be found on our Website and other written material, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Healthy Indeed and registered with the U.S. Copyright Office, Copyright © 2014, ALL RIGHTS RESERVED. You may use our content only for the purpose of obtaining information or placing an online order and for no other purpose. None of our content may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All trademarks or service marks found on this site are property of their respective owners. The use of any of these trademarks or service marks without their expressed written consent is strictly prohibited. All rights not expressly granted herein are reserved. Any unauthorized use of the materials of our content may violate copyright, trademark and other applicable laws.
  15. ENTIRE AGREEMENT. Other than these Terms and Conditions, including as they may be modified by Healthy Indeed in the future, pursuant to Section 2, there are no other terms binding upon Healthy Indeed unless Healthy Indeed has agreed to those other terms in a writing signed by a Healthy Indeed officer.

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