Terms and conditions
JSCULPT™ FITNESS WEBSITE TERMS AND CONDITIONS
These JSCULPT™ Fitness Website Standard Terms and Conditions (these “Terms” or these “Website Standard Terms and Conditions”) contained herein on this webpage, shall govern your use of this website, your purchase of any product advertised and marketed on this website, including all pages within this website (collectively referred to herein below as this “Website”). These terms and conditions contain an arbitration and class action waiver, which affect your legal rights. Please read them carefully. These Terms apply in full force and effect to your use of this Website and your purchase of any product(s) displayed, marketed, and advertised on this Website, and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you object to any of these Website Standard Terms and Conditions.
In order to protect our customers from online fraud, you may receive an email from firstname.lastname@example.org, the JSCULPT Fitness Verification department, asking for your identification. You will receive this email for one of the following reasons:
Exchanges can take up to 21 business days from the time our warehouse receives the exchange and approves your product for restock.
We do not offer returns on belt orders, however, exchanges for a different size are available within 14 days of shipping date. All accessory orders are FINAL SALE and cannot be exchanged or returned.
- Missing address digit(s)
- Missing apartment number
- Failed delivery by the carrier.
All customers are eligible for a full refund if your order has not been packed for shipment. Your order can only be fully refunded if your order has not been packed for shipping. If your order has been packed for shipping you do not qualify for a full refund but your order is eligible for an exchange.
Packed orders are those that have been processed and labeled at our warehouse. Orders that have been processed and labeled for shipment no further changes or adjustments can be made to the shipment or order.
*Our warehouse processes shipments every 30 minutes. Although we attempt to assist our customers in changes please be aware that we are assisting other customers at your time of purchase and may not be able to process your request even if you have emailed us immediately after purchase. This means, your order may be processed for shipping before we have the opportunity to read your email. We are not responsible for incorrect sizing choices, incorrect shipping information or email at the time of purchase*
If you have requested and your order has not been packed your request can take up to 48 hours to process based on current customer volume.
After successfully processing through customs, international orders are delivered to the country's local postal carrier for delivery.
If a package shows delivered via the tracking link provided, the transaction is considered complete and JSCULPT™ Fitness is not responsible for any lost or missing packages. Customers would need to visit their local postal depot for a resolution with the carrier.
The DRENCHED Sweat Cream contains menthol. If you experience any type of burning or irritation, please discontinue use as you may be having an allergic reaction to one or more of the ingredients included in our sweat cream's formula. All sales are final and cannot be exchanged.
Exclusion of Warranty:
JSCULPT™ FITNESS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE JSCULPT™ FITNESS BELT AND HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF A PATENT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY RIGHT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING BUT NOT LIMITED TO STATEMENTS REGARDING SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY JSCULPT™ FITNESS EMPLOYEES OR OTHERWISE, WHICH IS NOT CONTAINED IN THIS AGREEMENT, SHALL BE DEEMED TO BE A WARRANTY BY JSCULPT™ FITNESS FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY BY JSCULPT™ FITNESS WHATSOEVER.
THIS ARBITRATION AGREEMENT (“AGREEMENT”) AFFECTS YOUR LEGAL RIGHTS AND REMEDIES BY PROVIDING THAT DISPUTES BETWEEN YOU AND THE MANUFACTURER OF THIS PRODUCT (“JSCULPT™ FITNESS and/or COMPANY”), MUST BE RESOLVED THROUGH BINDING ARBITRATION, RATHER THAN IN A COURT. PLEASE READ THIS AGREEMENT CAREFULLY.
A. RESOLUTION OF CLAIMS OR DISPUTES. Any claim or dispute between you and Company arising out of or relating in any way to the Product(s) (JSCULPT™ FITNESS Belt, JSCULPT™ FITNESS Starter Nutrition Guide, and any and all products hereafter sold by JSCULPT™ FITNESS, your purchase, communications between you and Company, your use of Company’s website(s), or this Agreement shall be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves a tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Both you and Company specifically acknowledge and agree to waive the right to bring a lawsuit in court based on such claims or disputes and to have such lawsuit resolved by a judge or jury. In arbitration, a neutral arbitrator or panel of arbitrators resolves a claim or dispute, and the arbitration may be more informal than a lawsuit in court. The arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. Any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
4. ARBITRATIONS ARE ON AN INDIVIDUAL BASIS. All arbitrations under this Agreement shall be conducted only on an individual (and not a class-wide) basis and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that you may only bring claims against us in an individual capacity and not as a plaintiff, class representative, or class member in any purported class action or representative proceeding. This class action waiver is material and essential to the arbitration of any disputes between you and Company and is non-severable from this Agreement. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the remainder of this Agreement shall be fully enforceable.
5. DISPUTE AND ARBITRATION PROCEDURES.
a. Before commencing any arbitration proceedings under this Agreement, you must first present the claim/dispute to JSCULPT™ FITNESS by either calling the Company or emailing it, and providing your contact information and allowing the Company the opportunity to resolve the dispute. If your claim or dispute is not resolved within sixty (60) days, you may commence arbitration proceedings in accordance with the terms of this Agreement.
b. The arbitration of claim(s)/dispute(s) under this Agreement shall be pursuant to the American Arbitration Association’s (“AAA”) Consumer Arbitration Rules then in effect at the time of the dispute (see www.adr.org or call (800) 788-7879 for AAA’s rules and procedures). If for any reason AAA is unavailable, you and Company shall mutually select another arbitration forum.
6. CHOICE OF LAW & SEVERABILITY. This Agreement shall be governed by the Federal Arbitration Act. Any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court. Except as otherwise provided in this Agreement, if any provision of this Agreement is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or voice and the remainder shall remain fully enforceable.