Last update: October 5th, 2022
Healthvibes.com (for purposes of this document known as "Health Vibes") provides the services of this Website to you, subject to the Terms and Conditions contained herein and in our Privacy and Informed Consent Policy. Therefore, please read these documents carefully and if you have any questions regarding these documents please write to us at email@example.com.
You agree to follow the instructions for the correct use of the Site and, therefore, of the services offered therein. If you do not agree to these Terms and Conditions, please do not access or use the Health Vibes site, its material, its information and/or the services offered therein.
CLAUSE ONE: The operator of the Site
The operator of the Health Vibes website is locate at Guanajuato 224, Col. Roma, Mexico City, Mexico.
CLAUSE TWO: The User
Health Vibes will require, for the purpose of creating the account of the Registered User, at least the following information: name, last name, email, telephone, user name under which the User will participate in the Website, as well as any other information that may be requested by health Vibes for the purpose of providing the Service. The User's e-mail address will be the Registered User's identification for the purpose of accessing Health Vibes. For this reason, it will not be possible to change the e-mail address of the account.
Users must provide truthful and accurate information and guarantee that the information they provide is sufficient to be identified and/or located. Any inaccuracy that prevents the identification or location of the User, as well as any false information provided, will entitle Health Vibes to proceed with the cancellation of the Services and the immediate deletion of the account, in the case of Registered Users.
Health Vibes may proceed to close the Registered User's account at its sole discretion, for which it should only communicate such decision to the email indicated by the Registered User in his personal data.
Navigation in certain sections of our Website may or may not, at Health Vibes' sole discretion, be conditioned upon the User's prior registration as a Registered User.
CLAUSE THREE: Regarding Services
The services offered by Health Vibes on its website are as follows (for purposes of this document the "Services"):
Online Purchase of Products: Through the Website, the User may purchase Health Vibes' own Products.
Information: Health Vibes may make communications regarding its Products and/or the store, about purchases made by the User, as well as any other communication or display of information that Health Vibes deems pertinent, at its sole discretion.
CLAUSE FOUR: Limitations and Exclusions to the Services
4.1 Product Description and Photography. The photographs of the Products offered on the Website display the actual colors corresponding to the Products. However, the colors that the User will see when accessing the Website depend on the calibration of the User's monitor. Therefore, we cannot guarantee that the colors displayed on each User's monitor will be identical to those of the Product. Likewise, it is essential that the User carefully read the descriptions of the Products as well as the conditions of purchase before placing the order. This, in order to clearly understand the terms, conditions and restrictions that may apply to each Product.
4.2 Warranty. Our Products have a 30 working days warranty counted from the reception of the Product. In order to enforce the warranty, the procedure indicated in clause EIGHTH shall be followed.
CLAUSE FIVE: Prices and method of payment
The prices of the products displayed are in U.S. dollars. Any other costs associated with the purchase, such as, but not limited to, shipping services or any other costs that may be offered to its Users by Health Vibes at its sole discretion, will be charged separately and will be indicated on the purchase order to be cancelled.
The User may pay for orders online by Visa or Mastercard. Such payment must be credited before the dispatch of the Product. The User agrees not to charge back the card.
At the end of the online purchase process, the User will always receive a confirmation of the purchase and a confirmation from the payment processor to his/her registered e-mail address. The digital invoice of the purchase will be sent by the same means.
It is essential, for the purpose of making the purchase, that the User verifies all the information about the items he/she wishes to purchase in order to avoid errors, that he/she properly inserts all the information required for the delivery of the Product, and that he/she understands and accepts the terms and conditions of purchase.
Health Vibes will not be responsible for problems derived from failures in the system of the payment processor and/or the bank through which the payment is intended to be made, in which case the User must contact his/her service provider to correct the problem and be able to make the purchase in question.
CLAUSE SIX: Shipment and receipt of the order
Health Vibes and the user will agree between them the delivery time of the products offered. This will be done within a maximum period of forty-eight (48) business hours. The Delivery Time shall be computed as agreed based on business hours, which shall be from 8:00 am to 5:00 pm. No deliveries will be made on holidays, unless expressly indicated on the Website.
Shipping costs, as well as any other costs related to the order, shall be paid together with the final amount of the order. Shipping costs shall be borne by the User and shall be calculated in accordance with the delivery destination. Shipping costs will be detailed throughout the purchase process and the buyer will have the possibility to review and approve the total cost before finalizing the purchase.
The delivery of the products will be made in two ways, digitally and at the delivery address freely designated by the User within the established Delivery Period.
Health Vibes will not assume any responsibility when the delivery of the Product cannot be executed as a consequence of the inaccuracy or falsity of the data provided by the User, the absence of the recipient, or any other cause beyond the responsibility of Health Vibes.
The User will be responsible for checking the package at the time it is delivered. This in order to verify that he/she has received all the Product for which he/she paid and that it is delivered in good condition. You must also sign the Product receipt. If for any reason the Product received is incomplete or damaged, the User should not receive the package and must notify Health Vibes about the situation occurred so that Health Vibes can investigate the situation and resolve the problem. The Product must be received by the User or a person of legal age.
If for any reason beyond the control of Health Vibes the Product could not arrive within the established term, Health Vibes will proceed to make the reversal of the totality of the funds corresponding to the price of the product that could not be delivered, as well as any other additional amount charged in relation to that transaction, such as but not limited to taxes, transportation, etc. The User hereby accepts that he/she will be satisfied with the refund of the amounts paid and releases Health Vibes from any liability in connection with possible transactions that could not be completed due to causes beyond Health Vibes' control.
CLAUSE SEVEN: Return policy
The User shall have a period of fifteen (15) working days from the time of receipt of the Product to return his order or part thereof, in exercise of his right of withdrawal.
Such return must be coordinated through our Health Vibes website. In order to be able to make the return, the User must present the invoice and the details of the Product made. The return will not be accepted in those cases in which the Product delivered in physical form, is without original seals or security packaging, with signs of use, or in poor condition.
The refund will be made to the card used to make the payment in question, within a maximum of 30 working days.
CLAUSE EIGHT: Warranty Claim Procedure
Any warranty claim must be made within 30 business days of receipt of the Product.
In order to make a warranty claim, the User must make a request through our email firstname.lastname@example.org of the Health Vibes online store and must submit a printed copy of the invoice and the details of the products purchased.
CLAUSE NINE: Responsibility for the Account
In order to make purchases in a more agile way, as well as to have access to certain content accessible only to Registered Users, the User must register an account, as indicated in the SECOND clause above. Said account will be assigned a user name and password.
All Users are responsible for maintaining absolute confidentiality of their user name and password to their Health Vibes account, as it will contain sensitive information such as but not limited to the registered card for payment purposes and information on purchases made. All Users accept responsibility for any illegal activity or activity not permitted in accordance with these Terms and Conditions, carried out through the use of their registered account in Health Vibes. In this sense, the Registered User agrees not to allow the use of your account by third parties, especially by minors.
The User releases Health Vibes from any liability for damages or losses incurred as a result of the use of the account by third parties. Also, Health Vibes reserves the right to refuse a service request, close an account or cancel orders, at its sole discretion and, in particular, upon suspicion of any irregular activity, use of an account by third parties outside the account or by minors.
CLAUSE TEN: The Territory
Freight services and/or delivery of physical products, product of work done, will be made only in the territory of Mexico, unless Health Vibes commits to something different in any particular case.
Prior to order confirmation, Health Vibes will inform the User about the availability of delivery services in the requested territory.
CLAUSE ELEVEN: On the Products for Sale
The products sold by Health Vibes shall be all those products listed on the Site (for purposes of this document the "Products").
CLAUSE TWELVE: Communication with the User
Any User who registers and/or uses Health Vibes services and/or who writes to us by e-mail email@example.com will receive communications from Health Vibes by the same means (the e-mail address registered by the User).
The User accepts that Health Vibes may communicate through the e-mail address registered by the User: information about promotions, about Products, invitations to events, notifications about changes to the Terms and Conditions, electronic invoices, order confirmations, as well as any other information or formal notification that Health Vibes needs to communicate to the User.
Therefore, the User is responsible for keeping his or her personal information updated and for periodically checking his or her e-mail address.
In the event that the User does not wish to receive certain information to his/her e-mail, he/she should indicate it at our e-mail address. Notwithstanding the foregoing, it is important to note that there is information that Health Vibes must necessarily send to the User's e-mail, either for purposes of providing the Service or in order to comply with applicable law. If the User does not authorize Health Vibes to send this information, Health Vibes will not be able to provide the Service.
CLAUSE THIRTEEN: Liability in connection with the use of the services.
Any User accepts responsibility for any illegal activity or activity not permitted in accordance with these Terms and Conditions, which is carried out through the use of the platforms or Services provided by Health Vibes.
The User releases Health Vibes from any liability for damages or losses incurred as a result of the User's improper or incorrect use of the platforms or Services provided by Health Vibes through the Site. Likewise, Health Vibes reserves the right to reject a service request, at its sole discretion and, in particular, upon suspicion of any irregular activity or use of the Site for purposes other than those foreseen herein.
Health Vibes may close or restrict the User's access to the Services if any improper use of the Website and/or the services offered therein is detected, understanding improper use as including, but not limited to, the following assumptions:
Use the Web Site for any use other than those authorized by these Terms and Conditions.
The use of automated mechanisms or tools or similar technology whose purpose is to extract, obtain or collect, directly or indirectly, any information contained on the Website.
Any attempt to modify, adapt, translate, or convert the formats or software of the Web Site or the contents thereof.
Use HTML codes made available to a third party.
Copy, imitate, replicate for use on mirror servers, reproduce, distribute, publish, download, display or transmit any content of the Site (including trademarks) in any form or by any means; this restriction includes, but is not limited to the following means: electronic, mechanical, photocopying, recording or any other means.
Accessing data not intended for the User or logging into a server or account to which the User does not have authorized access. Attempt to interfere with the Service to any other User, host or network, including, without limitation, through the delivery of viruses to the Site, overloading, flooding, spamming, mail bombing or crashing.
Send unsolicited mail, including promotions and/or advertising of Products or services.
Forge any TCP/IP header or any part of the header information in any email or newsgroup.
Attempting or engaging in fraudulent activities including, but not limited to, identity fraud.
All information provided by the User must be true and accurate.
Providing any false or inaccurate information constitutes a breach of these Terms and Conditions.
CLAUSE FOURTEEN: Links to other pages and information published by Users or third parties.
Health Vibes may post links to other web pages on its Site. The User expressly agrees that Health Vibes is not responsible for the content of such links or for the truthfulness or accuracy of the information contained in such links.
Health Vibes may also allow Users or third parties to post links, photographs, comments, ideas, ideas, evaluations of the Services and/or Products, as well as any other type of information, as long as such information is not defamatory, denigrating, libelous, disrespectful, threatening, invasive of privacy, offensive, discriminatory, unsubstantiated, in violation of intellectual property rights, contains viruses, proselytizing, "spam" or content that could be considered illegal in any way. Any content of this type or that Health Vibes considers false or made through a false profile, may be removed from the site without any explanation from Health Vibes.
The User and, in general, any individual or legal entity that intends to establish a link from its website to Health Vibes, must obtain prior written authorization from Health Vibes. The establishment of this link does not imply in any case the existence of a relationship between Health Vibes and the owner or holder of the website where the link is established, nor the acceptance or responsibility of Health Vibes in relation to its contents or services.
CLAUSE FIFTEEN: Intellectual Property Rights
If a User posts content or material on the Website, unless expressly indicated otherwise by Health Vibes, the User would be granting Health Vibes a non-exclusive, free, royalty-free, perpetual, irrevocable and fully sublicensable authorization and/or license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world and in any medium, whether tangible or intangible. Furthermore, the User authorizes Health Vibes the right to use the name, image, and/or any content that the User submits, uploads or posts to the Website. The User represents and warrants that he/she owns or has the necessary rights to the content that he/she posts, that the use of the content that the User provides does not infringe any intellectual property rights of any third party and will not cause damage to any person or entity. The User may hereby assign any image and/or voice rights that appear in the content he/she posts. Furthermore, the User agrees to hold Health Vibes harmless from any liability related to the content posted by the User and to indemnify Health Vibes for any claim resulting from the content posted by the User. Health Vibes reserves the right to monitor and edit or remove any activity or content posted by the User at its sole discretion. Health Vibes takes no responsibility and assumes no liability for any content posted by the User or any third party.
The intellectual property rights over the contents of the Website, including, but not limited to: its graphic design, ideas, services, the distinctive signs that appear (trademarks and commercial names), the underlying computer programs and/or software (including source codes), as well as the different elements that make up the website (texts, graphics, photographs, videos, etc.) correspond solely and exclusively to Health Vibes.
The use of the Website by the User does not imply in any way that there is a transfer of any intellectual and/or industrial property rights over the Website, its contents and/or the distinctive signs of Health Vibes and/or any of the brands displayed on the Website. To this effect, the User is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available, extracting and/or reusing the Website, its contents and/or the distinctive signs of Health Vibes and/or any of the trademarks displayed on the Website.
CLAUSE SIXTEEN: Release of Liability
The User acknowledges and accepts that the use of the Website is at all times at the User's own risk and responsibility. Health Vibes shall not be liable for any improper use of the Website.
Health Vibes shall not be liable for damages of any kind caused to the User's electronic equipment (computer, phone, tablet, or other) by viruses, worms or any other harmful element. The User acknowledges that the use of the Internet network implies the assumption of a risk that his or her computer equipment may be affected by the aforementioned elements. To this effect, it is up to the User, in any case, the availability of adequate tools for the detection and elimination of harmful electronic programs that may pose a risk to their computer equipment.
Health Vibes will not be responsible for problems derived from failures in the system of the banking entity through which the payment is intended to be made, in which case the User must contact his/her service provider to correct the problem and be able to make the purchase in question.
Health Vibes shall have no liability for failure to perform its obligations when force majeure, acts of God, or the entry into force of governmental legislation, regulations or restrictions of any other nature prevent it from performing its obligations.
CLAUSE SEVENTEEN: Miscellaneous matters
HEADINGS: The headings used to head each clause of this document are introduced to facilitate its reading, and should not be considered as part of the text of this document for purposes of its execution or to interpret its contents.
VOID: If any provision of this document is declared void or voidable by any judicial or arbitral authority it shall be deemed not to have been made, but the legality and validity of the remainder of the Terms and Conditions shall not be affected or limited by such omission.
APPLICABLE LAW AND COMPETENT COURTS: The use of this Website shall be governed by and construed in accordance with Mexican law. Any dispute, controversy or difference that may relate to or arise from the relationship between Health Vibes and the User or any third party using the Website shall be resolved by the Courts of Justice of Mexico City.
DISCLAIMER FOR PRODUCT DELIVERED: Once the Product has been delivered to the User, Health Vibes shall not be liable for the User's use of the Product.
Any doubts or questions about the scope and interpretation of these Terms and Conditions may be answered by e-mail to firstname.lastname@example.org ; the answer to these questions will not imply a total or partial modification of this document, or a waiver of its compliance.