TERMS & CONDITIONS
ORDERING & SHIPPING POLICY
All orders will be processed to ship within 1-3 business days. Currently, WholeSun Wellness can only ship within the United States. The average shipping time is 3-5 business days via USPS Priority Mail. All orders $50 and over will receive free shipping. For orders under $50, the shipping cost is $7.50.
RETURN POLICY
If you are unhappy with your purchase for any reason, please contact [email protected]. We are happy to help find a solution that works for you.
ACCEPTANCE AND MODIFICATION OF THE TERMS AND CONDITIONS
Your access and use of any website, mobile site, Facebook site, Instagram platform or other social media channel owned and/or operated by WholeSun Wellness, LLC (‘WholeSun Wellness, ‘we’, ‘us’ or ‘our’), which includes WholeSun’s affiliated companies, now or in the future (collectively and individually, the ‘Site’) are governed by these terms and conditions (the ‘Terms and Conditions’). By accessing, browsing and/or using our Site you acknowledge that you have read, understood and accepted, without reservation, these Terms and Conditions, as modified from time to time by us. If you do not agree to these Terms and Conditions, do not use the Site.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. If we decide to modify our Terms and Conditions, we will post a new version on the Site. It is your responsibility to review these Terms and Conditions periodically, and if at any time you find these Terms and Conditions unacceptable, you should leave the Site and cease all use of the Site. Your continued use of the Site signifies that you agree to be bound by these Terms and Conditions as they are amended.
RETURNS AND SHIPPING
RETURNS
If you are unhappy with your purchase for any reason, please contact [email protected]. We are happy to help find a solution that works for you.
SHIPPING POLICY
All orders will be processed to ship within 1-3 business days. Currently, WholeSun Wellness can only ship within the United States. The average shipping time is 3-5 business days via USPS Priority Mail. All orders $50 and over will receive free shipping. For orders under $50, the shipping cost is $7.50.
If you have placed an order, and then decide that you would like to add to that order, please e-mail us immediately at [email protected]. If a packing slip has not been created for the order, we will happily add to the order. If a packing slip has already been created, we will not be able to add to the original order.
SHIPPING: U.S. CUSTOMERS
U.S. orders are shipped from the U.S. through United States Postal Service Priority Mail and the estimated delivery time is 5 working days from the date the order is processed.
We are not responsible for packages that go missing. We will help as much as possible in the event your package goes missing, but ultimately lost packages are the fault of the shipping provider and we cannot assume the responsibility of replacing or refunding missing packages.
SHIPPING ADDRESS
The customer is responsible for providing all shipping information. Please make sure that your shipping information is correct and complete before submitting your order.
WholeSun is not responsible for shipments that are delayed or returned as a result of incorrect or incomplete shipping information, failed delivery attempts, and/or unclaimed packages.
If you have unintentionally entered incorrect shipping information, please immediately contact us at [email protected]. We cannot guarantee that it will be possible to update the information before your package ships out, but we will do our best to change the information in the system.
If your package ships out with an incorrect address on it, and the package is lost, we are not responsible for shipping a new package to you.
If your package ships out with an incorrect address on it, but the package eventually is returned to our warehouse by the shipping provider, it is your responsibility to pay for the reshipment costs on the package; alternatively, we can refund the cost of the order minus a 3% restocking fee.
Please enter the precise shipping address. If, for example, you enter both a street address and a PO box number, we will need to contact you to confirm which place the package should be sent to. Your order will remain on hold until we confirm the shipping address. If we cannot get in touch with you within 3 days of when you placed your order, the order will be canceled.
Support e-mails will not always be answered on the weekends. We will do our best to contact you as soon as possible once we receive your request for support.
MISSING PACKAGES
Currently, no package is insured above and beyond the automatic insurance offered by certain carriers. If the delivery carrier doesn’t deliver your package or claims to have made the delivery but you have not received it, we will do our best to help you locate the package by opening an investigation with the carrier.
We are NOT the delivery carrier and, therefore, are not responsible for undelivered packages. We are unable to reship a package that is not received, as it is the responsibility of the delivery carrier to ensure that the package reaches you.
It is the customer’s responsibility to read the shipping options below before purchase to be informed about which carrier services offer automatic insurance and what the terms of that insurance are.
ORDERING AND RESELLING
PROCESSING TIME
Orders are processed within 1–3 business days of receipt and will ship out once processed. Therefore, delivery-time quotes begin when the package leaves the warehouse after the 1–3 business days of processing are completed.
During sales and promotional periods, orders may take an additional 1–3 days to process.
Orders placed after 4:00 p.m. MST Monday through Thursday will begin processing the following day.
Orders placed after 4:00 p.m. MST Friday and on the weekend will begin processing starting on the following Monday unless Monday is a major holiday, at which point orders will begin processing on Tuesday.
BACKORDERS
We do our best to maintain our ‘in stock’ status on all items. In the event that an item goes on backorder after you have placed your order, and your entire order cannot be fulfilled, we will contact you via e-mail. You will be given the option to 1) receive a refund for the back ordered item, 2) substitute another item for the back ordered item, or 3) place the entire order on hold until the back ordered product comes back into stock. If you do not reply to our e-mail, your entire order will remain on backorder hold status until the out-of-stock item comes back into stock, at which point your order will ship out in its entirety.
BUYING POLICY
The products on this site are for individual use ONLY, and may not be resold or redistributed. WholeSun reserves the right to refuse service to anyone, at any time and for any reason, without notice.
RESELLING
Products that are purchased from this website, with or without a discount code, shall not be resold without first asking WholeSun Wellness for permission. If you want to resell one or more of WholeSun Wellness products, then please contact us by e-mail at [email protected]
PERSONAL INFORMATION
USERNAME/PASSWORD
In the event the Site is ever structured such that you are able to create an account on the Site, you may be required to be at least eighteen (18) years old and create a username and password. In such an event, you will be responsible for keeping your username and password confidential and secure, and you will be responsible for all actions taken using your username and password. By registering, you may agree to receive communications and promotional materials from WholeSun Wellness and its affiliated entities.
INFORMATION DEEMED NON-CONFIDENTIAL
You acknowledge that you are responsible for any material you may submit via the Site or otherwise through the internet to WholeSun Wellness, including the legality, reliability, appropriateness, originality, and copyright of any such material. You may not upload to, distribute or otherwise publish through the Site or otherwise communicate to WholeSun Wellness through the internet any content that: (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of ‘spam.’ You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.
If you do submit material, and unless we indicate otherwise, you grant WholeSun Wellness and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that WholeSun Wellness is free to use any ideas, concepts, and know-how that you or individuals acting on your behalf provide to WholeSun Wellness. You grant WholeSun Wellness and its affiliates the right to use the name you submit in connection with such material if they so choose. All personal information provided via the Site will be handled in accordance with the site’s online Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify WholeSun Wellness for all claims resulting from content you supply.
If you provide to us any ideas, proposals, suggestions or other materials (‘Feedback’), whether related to the Site or otherwise, and you hereby acknowledge and agree that such Feedback is not confidential and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place WholeSun Wellness under any fiduciary or other obligation.
PRODUCT
CHANGE OF INFORMATION, AVAILABILITY OF PRODUCTS / SERVICES
The products displayed on the Site may be available on our Site for purchase, and may also be available in select third-party retail locations. The products and prices displayed on the Site are subject to change at any time with or without notice. The prices or items in any particular third party store may be different from those appearing on the Site, and the in-store information and availability control over any conflicting information at the Site. Your placement of an order through the Site constitutes your offer to purchase the items selected by you. WholeSun Wellness may accept or reject your offer, and your offer is not accepted by WholeSun Wellness until WholeSun Wellness ships your order.
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. WholeSun Wellness makes no guarantee that information on the Site is error-free, complete or current. WholeSun Wellness reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, even after an order may be placed or confirmed. In the event a product ordered is no longer available, not available at the advertised price, or if the price has increased, WholeSun Wellness may decline your offer or WholeSun Wellness may contact you to confirm whether you would like to continue with your purchase given the new availability and pricing information.
In connection with placing an order, you may be asked by WholeSun Wellness or the applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide WholeSun Wellness or such third party with information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. You are responsible for all charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes.
Website
USE OF THE SITE
You may access, copy, download or print the content of our Site solely for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary rights notice contained in any information or other material you access, copy, download or print. Any other use of content on the Site, including but not limited to the reproduction, modification, distribution, transmission, or broadcast of the content of the Site, in whole or in part and by any means, is strictly prohibited. WholeSun Wellness or its licensors or content providers retain full and complete title to the content provided on the site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in WholeSun Wellness’ sole discretion. WholeSun Wellness neither warrants nor represents that your use of any content displayed on the Site will not infringe rights of third parties. You acknowledge that you do not acquire any ownership rights by accessing, copying, downloading or printing any content made available on or accessed through the Site. You hereby covenant and agree that your use of the Site and any permitted use of such content shall not infringe any rights of any third parties.
RULES FOR USING THE SITE
You agree to follow the conduct rules listed below:
- You will not knowingly provide or post any false, misleading, or fraudulent information.
- You will not use the Site for any illegal purpose, nor will you provide or post any material or information in violation of any applicable law or regulation.
- All information provided or posted by you will not violate the copyright rights, right of publicity or privacy or any other proprietary rights of any third party.
- Information provided or posted by you will not violate the trade secret rights of any third party.
- Information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.
- You will not hold yourself out as someone you are not or otherwise impersonate any other person while using the Site.
- You will not interfere or tamper with the functioning of the Site, nor will you attempt to gain access to information or control of the Site not specifically granted to you.
- You will not use the Site to transmit any spyware, virus or similar destructive program or code.
- You will not compile any database or list of other Site visitors, nor will you use the Site to facilitate the sending of any spam, bulk email, or email offering to sell goods or provide services.
- You will not access or attempt to access any restricted portion of the Site unless you have specifically been granted access.
SITE ACCESS
We may discontinue all or part of the Site at any time, in our sole discretion. WholeSun Wellness may block or limit your access to the Site, with or without notice to you, and without liability to you, if: (a) you violate these Terms and Conditions; (b) you violate any applicable law or regulation relating to your use of the Site; (c) you engage in any conduct which WholeSun Wellness, in its sole discretion, believe is offensive, harmful, defamatory, or otherwise harmful to WholeSun Wellness or others. To ensure that we provide a high-quality experience for you and for other users of the Site, you agree that we and/or our representatives may access and/or review information provided when you comment on the Site on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site.
Please note that if you are accessing a Site via a mobile device, standard fees may be incurred. Check with your mobile service provider for details.
RELIANCE ON WEBSITE INFORMATION
The information presented on our website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our website, or by anyone who may be informed of any of its contents.
MINORS AND CHILDREN
The Site may not be suitable for minors. Minors and children (persons under the age of 18) are encouraged not to use the Site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using the Site unsupervised, and/or by registering for an account, you warrant that you are 18 years of age or older.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise and OnGuard Online. Please note that WholeSun Wellness does not endorse any of the products or services identified on such sites.
CHANGES TO THIS WEBSITE
We may update the content on our website from time to time, but its content is not necessarily complete or up to date. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.
COPYRIGHT & DISCLAIMERS
COPYRIGHT AND INTELLECTUAL PROPERTY
The content of our Site and namely but not exclusively the texts, marks, logos, slogans, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the exclusive property of and owned by WholeSun Wellness or its affiliated companies, licensors or content providers, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
Except as expressly provided in “Use of the Site” set forth below, nothing contained on our Site shall be interpreted or construed as granting you a license or a right to use any such content of our Site.
All of the content made available through the Site, including, but not limited to, all text and images (“Content”), and all software used to make the Site available are and shall remain the property of WholeSun Wellness and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. From time to time WholeSun Wellness may permit you to download and view one (1) copy of selected Content on the Site to which we provide you access or download, on any single computer, solely for your personal, non-commercial home use, subject to your compliance with these Terms and Conditions, and solely for so long as you are permitted WholeSun Wellness to access and use the Site and provided that you keep intact all copyright and other proprietary notices. Except as otherwise expressly authorized here and otherwise in writing in advance by WholeSun Wellness, you agree not to reproduce, modify, publish, license, transmit, reuse, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any Services, all or any part of the Site, or any Content made available through the Site.
Any Content that is a trademark, logo, or service mark is also a registered or unregistered trademark of WholeSun Wellness or others. Your use of any Content, except as provided in these Terms and Conditions, without the written permission of the Content owner is strictly prohibited. The trade names, trademarks and service marks owned by WholeSun Wellness, whether registered or unregistered, may not be used in connection with any product or service that is not WholeSun Wellness’. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of WholeSun Wellness’ trade names, trademarks or service marks without our express prior written consent. WholeSun Wellness will aggressively enforce its intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.
LINKS
As a service to our visitors, our Site may contain hypertext links leading to other websites that are not operated or controlled by WholeSun Wellness. However, even if such third parties are affiliated with WholeSun Wellness, WholeSun Wellness has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of WholeSun Wellness. WholeSun Wellness is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third-party sites is entirely at your own risk.
DISCLAIMER OF WARRANTIES
Your use of the site is at your own risk and you assume the risk of and all damages or loss from the use of, or inability to use, the site. Without prejudice to these terms and conditions, any and all material, information and all other content on the site are furnished to you “as is” and without guaranty of any sort, express or implied. To the maximum extent permitted by law, WholeSun Wellness expressly disclaims any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement.
WholeSun Wellness does not guarantee that the site or its content will correspond to your expectations, meet your requirements or will not be interrupted, timely, secure or free of error. Your sole and exclusive remedy for any dissatisfaction with the site is to refrain from using the site.
Some jurisdictions may not allow certain limitations of warranties, so some of the above exclusions may not apply to you.
Any advice or information, be it oral or written, obtained from WholeSun Wellness or during the use of services made available on the site, shall not give rise to any guarantees which are not expressly provided for in these terms and conditions.
CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to WholeSun Wellness a written notice by mail or e-mail, requesting that WholeSun Wellness remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to WholeSun Wellness a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
LIMITATION OF LIABILITY
You recognize and accept that, to the fullest extent permitted by applicable law, in no event shall WholeSun Wellness, its affiliates or subsidiaries or any of their respective employees, officers, directors, owners, licensors, agents or any other third parties mentioned on the site or involved in creating, producing or delivering the site, be held liable for any damages of any kind, including, but not limited to, direct, indirect, or consequential damages, any injury to reputation, costs, losses, decrease in turnover or profits or liabilities of any nature whatsoever (even if the advent of such damage was known or could have been known by four sigma), capable of arising from your access to, or use of, or inability to use, the site or its content.
All materials which are downloaded or obtained by any other manner during the use of our site are at your own risk and peril. WholeSun Wellness assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from the site or for any illegal intrusion or intervention in the IT systems.
WholeSun Wellness reserves the right to interrupt or discontinue any or all of the functionality of its site. WholeSun Wellness accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of the site resulting from actions or omissions of WholeSun Wellness or any third party.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless WholeSun Wellness and its directors, officers, employees, consultants, representatives, and agents from and against any and all claims, losses, liability, damages, costs and/or expenses (including reasonable attorney fees and costs) arising from and related to: your use of the Site; any material you transmit using the Site; or your violation, breach or alleged violation or breach of these Terms and Conditions.
MISCELLANEOUS
Unless otherwise specified, the Site and the Content thereof are displayed solely for the purpose of promoting WholeSun Wellness products, services, and company. These Terms and Conditions shall be construed in accordance with the laws of Utah, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts located in the State of Utah, United States of America. By using the Site, you agree and submit to the personal jurisdiction and venue of such courts.
You agree that in the event you have or may have any alleged claim against WholeSun Wellness or any of WholeSun Wellness vendors, contractors, licensees, or licensors, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms and Conditions and that you are not eligible to receive, and shall not seek, attorney’s fees in relation to any claim you have or may have against WholeSun Wellness or its vendors or licensors.
These Terms and Conditions embody the entire agreement concluded between WholeSun Wellness and yourself concerning the access and the use of the Site and its content. Any other terms or conditions issued by WholeSun Wellness and governing its relations with you, in particular relating to any service or purchase of product, shall supplement the Terms and Conditions; in the event of any inconsistency between them, the other terms or conditions shall prevail over these Terms and Conditions.
The fact that WholeSun Wellness tolerates a violation by yourself of one of the obligations set out in the Terms and Conditions, or does not enforce a right attributed to it thereunder or under the law shall not be construed as a waiver by it to invoke and enforce its rights.
In the event that any provision of the Terms and Conditions is considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered as stricken, all other provisions of the Terms and Conditions maintaining full force and effect between yourself and WholeSun Wellness.
The headings of the provisions of the Terms and Conditions are for convenience alone and shall not alter or modify the terms and conditions in any manner.
TERMINATION
The Terms And Conditions Shall Remain Effective Until Terminated As Outlined Herein. You Agree That WholeSun Wellness In Its Sole Discretion May Terminate Your Password, Account (Or Any Part Thereof), Or Use Of The Site, And Remove And Discard Any Content Within The Site, At Any Time And For Any Reason. In Such Event And With Respect To Any Use Of The Site On A Mobile Device, You Must Immediately Remove The Site From Your Mobile Device, Including All Component Parts. You Agree That Any Actions Taken Under This Section May Be Effective Without Prior Notice To You.
RULES FOR GIVEAWAYS, CONTESTS, CHALLENGES, ACTIVITIES, SURVEYS, AND SIMILAR PROMOTIONS
Any giveaways, contests, challenges, activities, surveys, or similar promotions made available through the Site may be governed by specific rules that are separate from these Terms and Conditions. By participating in any such giveaway, contest, challenge, activity, survey, or promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. WholeSun Wellness urges you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to these Terms and Conditions, governs any information you submit in connection with such activities.
CONTACT INFORMATION
WholeSun Wellness, LLC
[email protected]
801-300-3579
2709 E. Colemere Street
Sandy, UT 84029
United States