terms and conditions
Last Modified: 02/21/2023
By visiting www.Smart3Wellness.com (“Website”, “Site”), owned and operated by Chococeutical Innovations, LLC (“Company”, “we”, “our”, or “us”) and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). Please read them carefully before making a purchase.
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”), and such Supplemental Terms will either be listed in this Agreement or will be presented to you for your acceptance when you sign up to use the supplemental Service. The Supplemental Terms shall be governed by the terms of this Agreement. If this Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.
1. GENERAL TERMS
1.1. By purchasing from our Website, you confirm that you are at least 18 years old or have parental consent.
1.2. You will not use our products for any illegal or unauthorized purpose nor will you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.3. These Terms apply to all sales of products and services offered by the Company.
1.4. We reserve the right to update or modify these Terms at any time without prior notice. It is your responsibility to review this agreement periodically. If you do not agree to this Agreement, please do not use this Site or the Services
2. ACCOUNT REGISTRATION
2.1. To create an account and/or make purchases through the Site, you may be asked to submit certain information, which may include your name and/or a username, email address, and password.
2.2. Each time you use your password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with this Terms and we have no obligation to investigate the authorization or source of any such access or use of the Site.
2.3. Your account is for your personal use only. You may not authorize others to use your account, and your account is not transferable or sublicensable to third parties.
2.4. You are solely responsible for protecting the security and confidentiality of your password and identification. We are not liable for any damages that result from unauthorized account access or use.
3. ORDERS AND PAYMENT
3.1. All orders placed through our Website are subject to acceptance and availability.
3.2. We accept various payment methods, including bank or credit cards, as well as other methods, all listed checkout.
3.3. We use a third-party service provider for payment services (e g. credit card transaction processing, merchant settlement, and related services).
3.4. Prices are listed in USD and are subject to change without notice.
3.5. We reserve the right to refuse or cancel an order at our discretion, including but not limited to suspected fraud or pricing errors.
4. SHIPPING AND DELIVERY
4.1. We currently ship to Continental US and Hawaii.
4.2. Shipping costs are provided at checkout.
4.3. We take precautions when preparing all orders for shipping. All orders are processed and shipped on or before every Wednesday to avoid extra days on shipper’s warehouse.
4.4. Orders received after the cutting time of Wednesday at 12:00pm (EST), will processed the following week.
4.5. We are not responsible for delays caused by shipping carriers.
4.6. Risk of loss and title for products pass to you upon delivery. The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier
5. AFFILIATE PROGRAM (If Applicable)
5.1. Our Affiliate Program allows approved individuals or businesses to promote our products and earn commissions.
5.2. Affiliates must comply with our Affiliate Agreement (“Agreement”), which outlines commission rates, payment terms, and ethical marketing practices.
5.3. Commissions are paid as stated in the Agreement, subject to meeting the minimum payout threshold.
5.4. We reserve the right to terminate an affiliate account for fraudulent activity, violation of our policies, or misuse of affiliate links.
5.5. Affiliates are responsible for complying with applicable tax laws related to their earnings.
6. INTELLECTUAL PROPERTY
6.1. All content on our Website, including images, text, and trademarks, is owned by or licensed to the Company.
6.2. Unauthorized use of our intellectual property is strictly prohibited.
7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
7.1. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
7.2. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
7.3. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
7.4. In no case the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
7.5. In states or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, your liability shall be limited to the maximum extent permitted by law.
8. INDEMNIFICATION
8.1. You agree to indemnify, defend and hold the Company, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
9. GOVERNING LAW
9.1. These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States.
9.2. Any disputes arising from these Terms shall be resolved through arbitration or courts sittings in Florida, United States.
9. CONTACT US
You may contact us at any time with questions regarding this Terms by emailing support@gochococeuticals.com.
By completing a purchase, you acknowledge that you have read, understood, and agreed to these Terms and Conditions of Sale.