1.1 You expressly agree and accept the Conditions set forth herein unconditionally as a binding contract ("the Agreement") enforceable by law. The following are the terms and conditions of participation in the Alpha Max Gummies, Subscription ("Subscription") or any other Product on this Site, all such references to Subscription or Product combined shall be ("Product"). "Customer", "I", "You" or "Your" refers to you. "Site" means this World Wide Website located at the URL or Alpha Max Gummies , ("We", "Us" or "Our") reserves the right to amend this Agreement from time to time. It is agreed that any such amendment will apply to Customer. Alpha Max Gummies agrees to inform Customer of any amendment to the agreement. Should Customer fail to object to any amendment to the Agreement within one week, such failure shall serve as an acceptance of the amendment.
2.1 All product purchases made from this website are required to be paid
in full.
2.1.1. The prices for the products are as follows: 238.99(+ free
S&H) for the 6 bottle package (39.99 bottle); 189.49 (+ free
S&H) for the 4 bottle package (47.49 bottle); 129.49 (+ S&H) for
the 2 bottle package (64.99 bottle).
2.3.1 You authorize us to initiate a one-time charge to your
credit card as indicated upon your purchase.
2.3.2 Your product will ship within 24 hours and will arrive
within 5-7 business days. If your product does not arrive within the
allotted amount of time, please call customer service to address the
delay. Although we always strive to
make our deliveries as timely as possible, circumstances may arise
outside of our control, such as inclement weather, natural disasters, or
other postal delays, which may impede a the timely arrival of your
product. You agree we are not liable
for such delays.
2.4 Please contact Customer service at TOLL FREE (877)-204-2595
between the hours of 8am
EST - 8pm EST Mon - Sun with any questions regarding your product,
payment or return.
2.5.1 Additional Opt-in Product: Alpha MaxTestoBooster, if
purchased, will be shipped within 24 hours and arrive within 5-7
business days. You are ordering a 30 day supply and will be charged
$60.00 (+ free S&H) for the product you
receive. This purchase is backed by a 100% Money Back Guarantee. If at
some point you choose to cancel this purchase, call customer service at
(877)-204-2595 anytime between .
3.1 Please note that calling for a refund does not automatically
guarantee approval. Our Customer Service team will carefully evaluate
your request according to our refund policy and guidelines. We retain
the right to decline refund requests that
do not meet our specified criteria.
3.2 We care about your well-being. If you have a medical
condition, are pregnant, or suspect pregnancy within the next 60 days,
we advise against ordering this product. For these reasons, refund
requests will not be accepted. If you are
uncertain about whether this product is suitable for you, kindly consult
a physician before placing an order.
3.3 To better serve our customers, we have made a policy update.
Starting now, we offer partial refunds for eligible transactions with no
returns required. Please note that returns will not be accepted under
any circumstances.
4.1 If you have any dispute concerning any aspect of these Terms of
Website Use, the Website, or any of our services, you agree to submit
your dispute for resolution by arbitration before the American
Arbitration Association ("AAA") in the county
where you live by filing a Demand for Arbitration. The arbitrator will
have exclusive authority to resolve any dispute including any claim that
all or any part of these Terms of Website Use are unenforceable.
4.2 Opt-Out of Arbitration/Class Action Waiver. The Terms &
Conditions do not constitute a waiver of any of your rights and remedies
to pursue a claim individually and not as a class action in binding
arbitration as provided above.
This provision preventing you from bringing, joining or participating in
class action lawsuits is an independent agreement.
4.3 YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THESE
DISPUTE RESOLUTION PROVISIONS, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS
WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF OR A
CLASS MEMBER IN A CLASS ACTION
SUIT OR MULTI-PARTY ARBITRATION BROUGHT AGAINST US, ANY PERSON RELATED
TO US OR A SERVICE PROVIDER USED BY US TO PROVIDE THE SERVICE.
4.4 You agree to indemnify for any financial harm or any losses
caused by Your objections to fees that does not comply with this
Section. You will be held responsible for the reimbursement of any fees
and losses incurred as a result of
Your failure to comply with any provision in this Agreement.
4.5 Credit Card Billing Customer expressly agrees that if
Customer pays by credit card, check or demand debit, Customer shall
abide by the following statement: "I hereby authorize to initiate
debit/credit entries to my bank deposit account
or credit card."
5.1 While we make every effort to ensure that items appearing on the Site
are available, we cannot guarantee that all items are in stock or
immediately available when you submit your order. We may reject Your
order (without liability) if We are unable
to process or fulfill it. If this is the case, We will refund any prior
payment that you have made for that item.
5.2 An order submitted by You constitutes an offer by You to Us
to purchase the Subscription on these Conditions and is subject to Our
subsequent acceptance.
5.3 Prior to such acceptance, an automatic e-mail
acknowledgement of Your order may be generated. Please note that any
such automatic acknowledgement does not constitute a formal acceptance
of Your order.
5.4 Our acceptance of Your order takes effect and the contract
concluded at the point where such offer is expressly accepted by Us
dispatching Your order and accepting Your credit card or other payment
("Acceptance").
5.5 We may keep records of orders received, acknowledgements,
acceptances and other contract records for a reasonable period after
Acceptance. We may be able to provide You with copies on written
request; however You must make sure you
print a copy of all such documents and these Conditions for your own
records.
6.1 You represent that the information provided by You when placing Your
order is up-to-date, materially accurate, and is sufficient for Us to
fulfill your order. You are responsible for maintaining and promptly
updating Your account information with
Us for accuracy and completeness and keeping such information (and any
passwords given to You for the purposes of accessing the Site and/or
purchasing Products) secure against unauthorized access. Unless agreed
otherwise or required by applicable
law, any warranties provided in relation to Your purchase only extend to
You on the understanding that You are a user and not a reseller of the
Product.
6.2 No warranty, commitment or any other obligation should ever
be assumed by You on Our behalf or on behalf of a Product manufacturer,
license or supplier without Our express prior written consent.
6.3 PRICE AND TERMS OF PAYMENT (NOTE: WE CANNOT CONFIRM PRICES
PRIOR TO ACCEPTANCE OF YOUR ORDER)
6.4 Prices payable for the Product are those in effect at the
time of dispatch or delivery, unless otherwise expressly agreed. Prices
may be indicated on the Site or an order acknowledgement but the
authoritative price in the event of
any discrepancy, is the price that is notified to You on Our Acceptance.
6.5 We have the right at any time prior to Our Acceptance to
withdraw any discount and/or to revise prices to take into account
increases in costs including (without limitation) costs of any
materials, carriage, labor or the increase or
imposition of any tax, duty or other levy and any variation in exchange
rates. We also reserve the right to notify You of any mistakes in
Product descriptions or errors in pricing prior to product dispatch. In
such event if you choose to continue
with fulfillment of the order, You acknowledge that the Product or
Service will be provided in accordance with such revised description or
corrected price.
6.6 The places that we deliver to are listed on the Site
("Territory"). Unless otherwise specified, prices quoted are: exclusive
of the costs of shipping or carriage to the agreed place of delivery
within the Territory (charges for which
are stated on the Site); and exclusive of VAT and any other tax or duty
which (where applicable) must be added to the price payable.
6.7 You agree to pay for taxes, shipping or carriage of Products
as such costs are specified by Us on the Site when You submit Your
purchase order. Payment shall be made prior to delivery and by such
methods as are indicated on the Site.
6.8 Except as expressly provided elsewhere in these Conditions
or the Site, payment may be taken in full notwithstanding any claim for
short delivery or defects.
6.9 We will charge credit or debit cards on dispatch of the Product
or commencement of Services. We reserve the right to verify credit or
debit card payments prior to Acceptance.
6.10 If at any time you fail to pay any amount due on the
relevant due date, or we are unable to collect payment due because of
lack of funds or cancelled credit card, We may by notice declare all
amounts unpaid at that date to be immediately
due and payable. No counterclaim or set-off may be deducted from any
payment due without our written consent. We may also take action against
You for the price of Products at any time after payment has become due
even though property in those
Products may not yet have passed to you.
7.1 If You commit an act of bankruptcy or enter into a deed of
arrangement with creditors or a court order for winding-up is made
against You or You take or suffer any similar action in consequence of
debt or We have cause to believe that You are
unable to pay Your debts as they fall due; or You fail to pay any amount
by the due date or breach any of these Conditions then, without
prejudice to any of our other rights, we may:
7.1.1 Stop any Products in transit; and/or
7.1.2 Suspend further Product deliveries; and/or
7.1.3 Stop or suspend provision of Services; and/or
7.1.4 By written notice, terminate Your order and all or any
other contracts between Us and You.
8.1 Delivery timescales/dates specified on the Site, in any order
acknowledgement, acceptance or elsewhere are estimates only. While We
endeavor to meet such timescales or dates, We do not undertake to
dispatch Products and/or commence Services by
a particular date or dates and shall not be liable to You in respect of
delays or failure to do so. IF OUR PRODUCTS FAIL TO ARRIVE IN THE
ESTIMATED DELIVERY TIME OF 5-7 BUSINESS DAYS, PLEASE CONTACT OUR
CUSTOMER SERVICE LINE AND LET THEM KNOW.
8.2 Delivery shall be to a valid address within the Territory
submitted by You and subject to Acceptance ("Delivery Address"). You
must check the Delivery Address on any acknowledgement or acceptance We
provide and notify Us without delay
of errors or omissions. We reserve the right to charge You for any extra
costs arising from changes You make to the Delivery Address after You
submit an order.
8.3 If You refuse or fail to take delivery of Products provided
in accordance with these Conditions, any risk of loss or damage to the
Products shall nonetheless pass and without prejudice to any other
rights or remedies We have:
8.3.1 We shall be entitled to immediate payment in full for the
Products or Services delivered and either to effect delivery by whatever
means We consider appropriate or to store Products at Your risk;
8.3.2 You shall be liable pay on demand all costs of Product
storage and any additional costs incurred as a result of such refusal or
failure to take delivery; and
8.3.3 We shall be entitled 30 days after the agreed date for
delivery to dispose of Products in such manner as We determine and may
set off any proceeds of sale against any sums due from You.
8.4 Except to the extent required as a result of any mandatory
rights You have as a consumer under applicable law, You shall not be
entitled to reject the Products in whole or in part by reason of short
delivery and shall pay in full notwithstanding
short delivery or non-delivery unless You notify us in writing of any
claim within 7 days of the latest of the date of receipt of the relevant
invoice or delivery whereupon You shall pay for the quantity actually
delivered.
8.5 Where We deliver Products by installments, each installment
constitutes a separate contract and any defect in any one or more
installments shall not entitle You to repudiate the contract as a whole
nor to cancel any subsequent installment.
8.6 Save as otherwise provided in these Conditions, risk of loss
of or damage to the Products passes to You on delivery or when placed in
your possession or that of any carrier or transport provided by You,
whichever shall occur first.
9.1 Except as set out above and subject to any rights You have under
applicable law that cannot be excluded or limited by these Conditions:
9.1.1 We shall not be liable and You shall not be entitled to
reject Products or Services, except for: (a) damage to or loss of
Products or any part thereof in transit (where the Products are carried
by Our own transport or by a carrier
on Our behalf) where notified to Us within 5 working days of receipt of
the Products; (b) defects in Products (not being defects caused by any
act, neglect or default on your part) notified in writing to Us within
30 days of receipt of the Products;
and (c) defective performance of Services (not being defects caused by
any act, neglect or default on Your part) where notified in writing to
Us within 5 days of such defect becoming apparent.
9.1.2 We shall not be liable for any damage or losses arising
from the use of the Products in connection with other defective or
unsuitable Products; Your negligence; improper use or use in any manner
inconsistent with the manufacturer's
specifications or instructions.
9.1.3 Where these is a shortage or failure to deliver, or any
defect in or damage to a Product or Service, We may at our option: (a)
(in the case of Product shortage or non-delivery) make good any such
shortage or non-delivery; and/or
(b) in the case of failure to perform or defective performance of a
Service, make good such failure or defective performance; and/or (c) in
the case of damage or any defect(s) in the Product and in accordance
with any applicable Returns Policy:
(i) replace or repair the Product upon You returning the Product; or
(ii) refund the price paid in respect of any Products found to be
damaged or defective.
10.1 TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE WERE
AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE
LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE (1) OUR
AGGREGATE LIABILITY (WHETHER FOR BREACH
OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES
EXCEED THE COST OF THE PRODUCTS YOU ORDERED AND THAT ARE MOST CLOSELY
RELATED TO YOUR DAMAGES AND (2) WE SHALL NOT BE LIABLE FOR SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER.
10.2 Alpha Max Gummies, in its sole discretion, shall not be
liable for a chance occurrence or unavoidable or uncontrollable accident
beyond either parties control that prevents our ability to fulfill
obligations under the contract.
11.1 You shall indemnify Us against any and all liabilities, claims and
costs incurred by or made against Us as a direct or indirect result of
us performing Services or carrying out any work on or to the Products
where this has been done to Your (or
Your representative's) specific requirements or specifications causing
an infringement or alleged infringement of any proprietary rights of any
third party.
11.2 To the fullest extent permitted by law, we shall have no
liability to You in the event the Products or Services infringing or
being alleged to infringe the proprietary rights of any third party. In
the event that the Products are
or may be the subject of patent, copyright, database right, registered
design, trademark or other rights of any third party, You should refer
to the relevant terms of the Product manufacturer and/or licensor/owner.
We shall be obliged to transfer
to You only such right or title as we have
12.1 All Product specifications, illustrations, drawings, particulars,
dimensions, performance data and other information on the Site or made
available by Us are intended to represent no more than a general
illustration of the Products and do not
constitute a warranty or representation by us that the Products will
conform with the same. You must refer to the manufacturer's
specifications or warranty documentation to determine your rights and
remedies in this regard.
12.2 You will have the benefit of the manufacturer's, licensor's
or supplier's warranty with the Products supplied and should refer to
the relevant documentation supplied with the Product in this regard.
12.3 Your rights of repair or replacement of any Products or any
part or parts thereof which are found to be defective will (except where
agreed otherwise) be negated or rendered void where:
12.3.1 Products have been repaired or altered by persons other
than the manufacturer, us or any authorized dealer; and/or
12.3.2 Defective Product or Products have not been returned
together with full details in writing of the alleged defects within 30
days from the date on which such Products were delivered; and/or
12.3.3 Defects are due (wholly or partially) to mistreatment,
improper use or storage or maintenance or installation, or failure to
observe any manufacturers' instructions or other directions issued or
made available by us in connection
with the delivered Products.
12.4 EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION 12, WE
MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL
IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THESE CONDITIONS
STATE YOUR SOLE AND EXCLUSIVE REMEDIES.
13.1 By clicking “ORDER NOW,” I am agreeing to receive text messages from
Alpha Max Gummies and business partners. I provide my signature
expressly consenting to recurring contact from Alpha Max Gummies or its
business partners at the number I provided
regarding products or services via live, automated or prerecorded
telephone call, text message, or email. I understand that my telephone
company may impose charges on me for these contacts, and I am not
required to enter into this agreement as
a condition of purchasing property, goods, or services. I understand
that I can revoke this consent at any time. Terms &
conditions/privacy policy apply. For SMS campaigns: Text STOP to cancel
and HELP for help. Msg & data rates may apply.
Recurring msgs up to 9 msgs per month.
13.2 If any license or consent of any government or other
authority is required for the acquisition, carriage or use of the
Products by You, You shall obtain such license or consent at your own
expense and if necessary produce evidence
to us on demand. Failure so to do shall not entitle you to withhold or
delay payment of the price. Any additional expenses or charges incurred
by us resulting from such failure shall be met by you.
13.3 Products licensed or sold to you under these Conditions may
be subject to export control laws and regulations in the Territory or
other relevant jurisdiction where You take delivery or use them. You
shall be responsible for complying
with those laws and will not do anything to breach them.
13.4 Items entering the European Economic Area (EEA) from
outside over a certain value may be subject to customs charges (e.g.
where costs are in excess of your personal import allowance). You may be
subject to customs charges, import
duties and taxes, levied when the Product reaches Your specified
destination. Any such additional charges for customs clearance or import
duties or taxes must be met by You, since We have no control over what
these charges are. You should contact
the local customs office in the relevant jurisdiction for further
information on customs policies or duties.
14.1 Any notice or other communications in relation to Our contract may
be given by sending the same by hand delivery, pre-paid post, fax or
e-mail to the latest address and contact that one party has notified in
writing to the other. This will also
be the address for service of legal proceedings in the manner prescribed
by law. Except as set out above in relation to cancellation of consumer
orders, such notices or communications (where properly addressed) shall
be considered received:
14.1.1 In relation to hand delivery, on the date of delivery at
the relevant address (or, if this is not a working date, the first
working date thereafter);
14.1.2 If posted, 5 working days after the date of posting;
14.1.3 If sent by email, on the earliest of (i) the email being
acknowledged by the recipient as received; (ii) receipt by the sender of
an automated message indicating successful delivery or the email having
been opened; or (iii) the
expiry of 48 hours after transmission, provided that the sender has not
received notification of unsuccessful transmission.
15.1 We will observe applicable data protection laws and will not use information that does or can be used to personally identify You ("Personal Data") other than as set out in Our Privacy Policy ("Privacy Policy"). By submitting Your Personal Data in relation to Your order, You consent to such Personal Data being processed to fulfill Your order and in accordance with such Privacy Statement.
16.1 You shall not assign, transfer, charge or make over or purport to
assign transfer charge to make over Your rights under these Conditions.
Any purported assignment shall be null and void.
16.2 We shall not be liable to You nor held in breach of
contract for any loss or damage which may be suffered as a direct or
indirect result of Us being prevented, hindered or delayed in the
performance by reason of any circumstances
beyond Our reasonable control including (but not limited to) any act of
God, war, terror, riot, civil commotion, government action, explosion,
fire, flood, storm, accident, strike, lock-out, trade dispute or labor
disturbance, breakdown of plant
or machinery, interruption in the supply of power, Internet
communications, or materials and in such event we may elect to cancel
Your order and refund any payments made.
16.3 You acknowledge that these Conditions supersede and cancel
all previous contracts, agreements and working arrangements whether oral
or written, express or implied, between us. These Conditions prevail
over any other terms or conditions
contained in or referred to elsewhere or implied by trade, custom or
course of dealing. Any purported terms or conditions to the contrary are
hereby excluded to the fullest extent legally permitted. To the fullest
extent permitted under applicable
law, We reserve the right to modify these Conditions without prior
written notice to You with effect for the future, subject to Your right
to reject, by way of written notice, our modifications to these
Conditions with respect to any orders for
which Acceptance, but not yet fulfillment, has occurred.
16.4 No relaxation, forbearance, delay or indulgence by either
You or Us in enforcing any of these Conditions or the granting of time
by either party to the other shall prejudice or restrict such rights and
powers.
16.5 No waiver of any term or condition of these Conditions
shall be effective unless made in writing and signed by Us. The waiver
of any breach of any Condition shall not be construed as a waiver of any
subsequent breach or condition.
16.6 If for any reason We determine or a court of competent
jurisdiction finds that any provision or portion of these Conditions to
be illegal, unenforceable, or invalid under applicable law in a
particular jurisdiction:
16.6.1 These Conditions will not be affected in other
jurisdictions to the extent that such determination or finding has no
application; and
16.6.2 In the relevant jurisdiction, the remainder of these
Conditions (to the fullest extent permitted by law) will continue in
full force and effect.
17.1 The construction validity and performance of these Conditions shall be governed by US Law and You agree to submit to the exclusive jurisdiction of the US Courts, in the event of legal proceedings arising from any dispute; The language of any dispute resolution procedure or any proceedings will be English.