TERMS & CONDITIONS
BY PURCHASING AND/OR USING THE PRODUCT YOU ARE AGREEING TO THESE TERMS & CONDITIONS AS DETAILED BELOW, INCLUDING, BUT NOT LIMITED TO, THE TERMS OF THE MONEY BACK GUARANTEE, THE ARBITRATION AGREEMENT AND THE CLASS ACTION WAIVER.IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS & CONDITIONS AS PRESENTED HERE, PLEASE DO NOT ORDER, DO NOT PURCHASE AND/OR DO NOT USE LUNADA BIOMEDICAL PRODUCTS.
THESE TERMS & CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.
MONEY BACK GUARANTEE
We are so confident in our product that it comes with a 45-day money back guarantee. That means that you have 45 days from the date of purchase to try our product risk free. This money back guarantee only applies to purchases made directly from Lunada Biomedical via its websites and telephone order phone lines* (individual order quantity limitations may apply),and does not apply to free promotional product or samples (free products and samples are yours to keep) or shipping and handling charges for orders placed in response to promotional offers for free product or samples. This money back guarantee applies to product purchased through Lunada Biomedical’s subscription service, but is limited to product received by the customer in one (1) monthly shipment only. Attempts to apply this guarantee to product received in more than one (1) shipment or to multiple shipments of the same product will not be accepted. For the purposes of determining the date of purchase for product purchased through Lunada Biomedical’s subscription service, the date of purchase is the date the customer’s credit card was charged.
*For returns or refunds related to product purchased from third-party vendors, including retail locations, please see the seller’s return and refund policies.
MONEY BACK GUARANTEE REFUND POLICY.
Only one (1) refund per person/household will be processed.
Refund for the one-time purchase of a single individual package of product: within 45 days from the date of purchase request your refund of the purchase price by calling us at (800) 222-3304 (Monday – Friday, 6:00 AM to 4:00 PM PST).
Refund for the purchase of product through oursubscription service (continuous automatic monthly shipments): if for any reason you are not satisfied with the product, to receive a full refund of the most recent charge to your account, within 45 days from the date of purchase (the date your credit card associated with your program membership was charged) request your refund by calling us at (800) 222-3304 (Monday – Friday, 6:00 AM to 4:00 PM PST). A refund will be issued to the credit card on file that is associated with your program membership. Please note that a request for a refund will result in the cancellation of your membership in the subscription servicefor that product and all future automatic shipments of that product will cease.
Refund for the purchase of multiple packages of the same product purchased at the same time: if for any reason you are not satisfied with the product, to receive a full refund for the product you are not satisfied with, simply return all unopened and undamaged, sealed and/or shrink-wrapped packages/bottles of the product you are not satisfied with pursuant to the RETURN INSTRUCTIONS in the next paragraph postmarked by the 45th day from your date of purchase. Limitations apply if more than three (3) packages of the same product are purchased at one time.
Please note that your return must be postmarked by the 45th day from your DATE OF PURCHASE in order to receive your full refund. NO EXCEPTIONS. Please allow up to three (3) weeks from the date we receive your return for processing. To request a pre-paid shipping label for your return, please contact Customer Service at (800) 222-3304 (Monday – Friday, 6:00 AM to 4:00 PM PST) and provide the agent with your purchase information and a valid email address. The pre-paid shipping label will be emailed to you as a PDF attachment. For efficient return and refund processing, please make sure to return the product within 10 days of receiving the label. Using the pre-paid shipping label, please ship your return via USPS to: PO Box 10452, Van Nuys, CA 91410 and include within the package your first and last name, address and order id# (located on front side of the sales receipt) for accurate and timely processing. In order to prevent extra fees for damaged product, please package your return using the original packaging (recommended) or a sturdy box to ensure your return is not damaged in transit. We cannot be responsible for items that never reach our warehouse, or do not include customer information. If you intend to return late (postmarked after the 45th day from your date of purchase) or incomplete product, please call us at (800) 222-3304 Monday – Friday, 6:00 AM to 4:00 PM PST prior to sending the product to inquire about the additional fees that will apply. Shipping and handling refunds are limited to the standard delivery option of $7.99. Additional shipping costs for premium shipping options, shipping and handling fees related to free and promotional samples and product, international shipping and return shipping fees are not refundable.
SHIPPING TERMS AND CONDITIONS
|Shipping Options||Estimated Delivery Times|
|(not including processing time)|
|Standard||Up to 7 business days|
|Expedited||Up to 4 business days|
|Express||Up to 3 business days|
|InternationalFedeX||Up to 7 business days*|
|Canada Post (Canada orders only)||Up to 14 business days*|
|(*not including customs holds)|
Lunada Biomedical makes every effort to ensure customer orders are received in a timely fashion.
All Standard orders require up to 2 business days for processing. All Expedited and Express orders require 1 business day for processing. Business days are defined as Monday through Friday, excluding holidays. Please note, all delivery times are estimates and Lunada Biomedical is not responsible for delays due to weather, delivery carrier factors, customer error, holiday-related delays, or any other unforeseen factors.
Automatic monthly shipments to members of the subscription program are shipped via standard shipping and are processed on a recurring basis approximately every 30 days based on the date of enrollment in the program. If free shipping is offered on automatic monthly shipments, it’s limited to the U.S. standard shipping, however customers may purchase another delivery method at the specified cost.
While Lunada Biomedical makes every effort to adhere to these guidelines, these Shipping Terms and Conditions are in no way a promise or guarantee of delivery time or shipping method. Most Express and Expedited couriers make deliveries Monday through Friday only; Lunada Biomedical does not offer weekend delivery. Lunada Biomedical is unable to provide estimates for International shipping times, and is not responsible for customs or other fees imposed by the destination country. Alaska and Hawaii orders are subject to surcharge of $4.99 on some shipping methods.
“SUBSCRIBE & SAVE” SUBSCRIPTION PROGRAM (CONTINUOUS AUTOMATIC MONTHLY SHIPMENTS)
The “Subscribe & Save” subscription program is limited to the U.S. orders only, including U.S. territories. Members who have enrolled in the subscription program have agreed to automatic monthly shipments of product from Lunada Biomedical and automatic charges for those shipments to a designated credit card that the customer has provided and that is linked to the customer’s subscription program account. The customer’s membership in the subscription program and the automatic monthly shipments and billing will continue uninterrupted until cancelled by the customer, or until terminated by Lunada Biomedical. The customer can cancel their membership in the subscription program and stop future shipments and charges at any time by calling Customer Care Monday – Friday, 6:00 AM to 4:00 PM PST at (800) 222-3304. There are no long-term commitments or minimum purchase requirements associated with the subscription program. The customer may also request that the shipping frequency be changed by calling Customer Care at (800) 222-3304. All requests to change will be accommodated when possible, however, limitations may apply. Lunada Biomedical may, in its sole discretion, terminate the customer’s membership in the program at any time without notice.
Members who have enrolled in the subscription program by signing up to receive a free trial sample of product may cancel their membership and stop the first non-trial sample shipment of product at any time during the trial period by calling Customer Care at (800) 222-3304. The length of the trial period will vary depending on the offer the customer signed up for – customers should call Customer Care at (800) 222-3304 if they have any questions. If cancelled during the trial period the customer’s credit card will not be charged (other than the initial shipping and handling charges related to the free trial sample, if applicable).
All customers who enroll in the subscription program will be required to provide Lunada Biomedical with a valid credit card number to keep on file linked to the customer’s account. THE MONTHLY CHARGES FOR THE AUTOMATIC PRODUCT SHIPMENTS WILL BE CHARGED TO THE CUSTOMER’S ACCOUNT CREDIT CARD. THE PRODUCT SHIPMENTS WILL BE AUTOMATICALLY PROCESSED MONTHLY AND THE CUSTOMER’S CREDIT CARD WILL BE CHARGED AT THAT TIME. IF A CUSTOMER WISHES TO CANCEL THEIR PARTICIPATION IN THE SUBSCRIPTION PROGRAM AND STOP FUTURE SHIPMENTS OF PRODUCT THEY MAY DO SO AT ANY TIME BY CALLING CUSTOMER CARE AT (800) 222-3304. The customer is required to provide accurate and current billing and contact information to enroll in the subscription program. The customer is responsible for keeping this account related billing and contact information updated and current. Updates, such as billing or shipment address or credit card number or expiration date, can be made by calling Customer Care at (800) 222-3304. If the customer fails to update their billing information Lunada Biomedical reserves the right in its sole discretion to terminate the customer’s subscription program membership and future shipments of product without notice.
Lunada Biomedical reserves the right in its sole discretion to terminate any subscription program account without notice, or to refuse to fulfill any unpaid order, or cancel and refund any paid order of product to any customer at any time.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
By purchasing and/or using the product you are agreeing to enter into an arbitration agreement with Lunada Biomedical regarding any disputes that may arise as a result of such purchase and/or use. Under this agreement, you and Lunada Biomedical agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration; and that any dispute between you and Lunada Biomedical, including disputes against any agent or affiliate, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and Lunada Biomedical agree that the results of such arbitration shall be confidential, unless disclosure is required for enforcement purposes or for a judgment to be entered thereon. If disclosure of the results is required for enforcement purposes or for a judgment to be entered thereon, then disclosure shall be limited to only the information necessary to accomplish such purpose.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL.
In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award generally the same relief that a court can award. Under the terms of this agreement, if an arbitration proceeding is initiated, the arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute.You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 778-7879. If you initiate arbitration, Lunada Biomedical will promptly reimburse you for any standard filing fee which may have been required under AAA’s procedures once you have notified Lunada Biomedical in writing and provided a copy of the arbitration proceedings. The prevailing party in the arbitration may be awarded attorneys’ fees, costs and reimbursement of filing fees. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against Lunada Biomedical and may not preside over any kind of representative or class proceeding against Lunada Biomedical. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST LUNADA BIOMEDICAL IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
This Arbitration Agreement and Class Action Waiver shall survive termination of this agreement and the termination of your Lunada Biomedical subscription program membership.
Last updated : 07/07/2016