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 BIOGIX, INC. PRODUCTS.
THESE TERMS & CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.
60 DAY MONEY BACK GUARANTEE
We are so confident in our product that it comes with a 60-day money back guarantee. That means that you have 60 days to try our product risk free. This money back guarantee only applies to purchases made directly from Biogix, Inc. via its 60-day money back guarantee special offer websites and telephone order phone lines* (individual order quantity limitations 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 Biogix, Inc.’s monthly subscription service (“Subscribe & Save”), but, is limited to product received by the customer in the most recent two (2) monthly shipments only. Attempts to apply this guarantee to product received in more than two (2) shipments will not be accepted and the refund will be limited to the two (2) most recent shipments. For the purposes of determining the date of purchase for product purchased through Biogix, Inc.’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 applies only to single orders of six (6) boxes or less.
Sales on Amazon.com: Biogix, Inc. and Amazon.com are the only authorized sellers of Amberen® on Amazon®. To ensure the quality and authenticity of your product purchase and avoid the risk of buying liquidated, damaged, expired or soon to be expired, or not authentic product, buy only from an authorized seller. Because Biogix, Inc. cannot guarantee the quality and authenticity of the product being sold by unauthorized resellers, purchases made from unauthorized resellers are not covered by Biogix, Inc.’s money back guarantees and all returns or questions regarding such orders must be directed to the unauthorized reseller the product was purchased from. (Amazon is not affiliated with Amberen, Biogix, Inc. or Amberen.com.)
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 75 days from the date of purchase request your refund of the purchase price and standard shipping and handling charges by calling us at (800) 222-3304 (Monday – Friday, 6:00 AM to 4:00 PM PST).
Refund for the purchase of product through our subscription service (continuous automatic monthly shipments): if for any reason you are not satisfied with the product, to receive a full refund of the two (2) most recent subscription related charges to your account, within 75 days from the date of purchase (the date your credit card associated with your program membership was charged) request to cancel your subscription and receive 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 subscription program membership. Please note that a request for a refund will result in the cancellation of your membership in the subscription service for 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 of the purchase price and shipping and handling charges (if applicable), simply return*** all unopened and undamaged, sealed and/or shrink-wrapped packages/bottles pursuant to the RETURN INSTRUCTIONS in the next paragraph postmarked by the 75th day from your date of purchase. Limitations apply if more than six (6) packages are purchased at one time.
***Pre-paid shipping labels will be provided (see details in next paragraph).
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)|
Biogix, Inc. 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 Biogix, Inc. 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 or 60 days based on the date of enrollment in the program and program details. 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 Biogix, Inc. 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; Biogix, Inc. does not offer weekend delivery. Biogix, Inc. 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 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 Biogix, Inc. 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 Biogix, Inc.. 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. Biogix, Inc. 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 Biogix, Inc. 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 Biogix, Inc. reserves the right in its sole discretion to terminate the customer’s subscription program membership and future shipments of product without notice.
Biogix, Inc. 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 Biogix, Inc. regarding any disputes that may arise as a result of such purchase and/or use. Under this agreement, you and Biogix, Inc. 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 Biogix, Inc., 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 Biogix, Inc. agree that any question as to whether the dispute, or any part of the dispute, between you and Biogix, Inc. is arbitrable is to be determined solely by the arbitrator using their discretion. You and Biogix, Inc. 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, Biogix, Inc. will promptly reimburse you for any standard filing fee which may have been required under AAA’s procedures once you have notified Biogix, Inc. 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 Biogix, Inc. and may not preside over any kind of representative or class proceeding against Biogix, Inc.. 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 BIOGIX, INC. 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 Biogix, Inc. subscription program membership.
Last updated: 5/24/2018