Terms of service

Please read carefully the following Terms and Conditions of Sale before using this website.

Your use of this website or your order of our products is expressly conditioned on your acceptance of the following Terms and Conditions of Sale. If you do not agree with all of the Terms and Conditions of Sale, you must not use this website to place any order.

WeCare Naturally, LLC, reserves the right to modify these Terms and Conditions of Sale at any time. Continued use of this website by you constitutes your acceptance of any revisions to these Terms and Conditions of Sale. Please check this page regularly.

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

This Agreement contains the terms and conditions that apply to your purchase from the WeCare Naturally, LLC, entity named on the invoice ("Company") that will be provided to you ("Customer") on orders for products sold globally(hereinafter “Terms and Conditions” or “Agreement”). By accepting delivery of the products described on that invoice, the Customer agrees to be bound by and accepts the Terms and Conditions. THE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH COMPANY, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER COMPANY STANDARD TERMS APPLY TO THE TRANSACTION. At Company’s sole discretion, the Terms and Conditions are subject to change at any time without prior written notice.
 

1. Other Documents. The Terms and Conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered Terms and Conditions will be null and void unless otherwise agreed to in a written agreement signed by both Customer and Company.

2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. To the extent permissible by law, the terms of the United Nations Convention on Contracts for the International Sale of Goods will not apply, even where adopted as part of the domestic law of the country whose law governs the Agreement. Any dispute arising out of, or in connection with, or with respect to the validity, interpretation and enforcement of the Agreement, including the breach thereof, will be finally settled exclusively by the state or federal courts of Santa Clara County, California.

3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Company's sole discretion, and unless otherwise agreed to by Company, payment must be received by Company prior to Company's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Company. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Company may invoice parts of an order separately. Orders are not binding upon Company until accepted by Company. Any quotations given by Company will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.

4. Shipping Charges; Taxes. Separate charges for shipping and handling maybe shown on Company's invoice(s). Unless Customer provides Company with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Company's acceptance of the order, Customer is responsible for sales and all other taxes associated with the order, however designated, except for Company's franchise taxes and taxes on Company's net income. If applicable, a separate charge for taxes will be shown on Company's invoice.

5. Title; Risk of Loss. All shipments covered by this Agreement are Ex-Works. Title to products passes from Company to Customer on shipment from Company's facility. The liability of Company for delivery shall terminate upon delivery to the carrier, at which time Customer accept all responsibility for damage to or loss of products. Loss or damage that occurs during shipping by a carrier is Customer’s sole responsibility. 

6. Warranties, Disclaimers. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE PRODUCTS, DOCUMENTATION, OR THE PRODUCT INFORMATION. THE PRODUCTS, DOCUMENTATION, AND PRODUCT INFORMATION FURNISHED HEREUNDER ARE FURNISHED ``AS IS.'' COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO PRODUCTS FURNISHED HEREUNDER INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE.  In addition to the Terms and Conditions stated herein, Customer agrees to be bound by the acceptance of contract terms contained elsewhere in any Company’s website.

7. Return Policies.  To ensure the quality of Products through the entire chain of custody, we do not allow returns, exchanges, or refunds for any reason. ALL SALES ARE FINAL. If the Products delivered to Customer are incorrect, Customer shall immediately contact Company’s Customer Service with the order number. Customer must submit a request within seven (7) days after receiving of such incorrect Products. After Company’s review and approval upon the request of incorrect Products, Company may ship the correct Products after receiving the incorrect Products from Customer. For the detail of Products correction, please contact Company’s Customer Service at 1-408-586-9988.   

8. Products. Company's policy is one of on-going product update and revision. Company may revise and discontinue products at any time and are not responsible for typographical errors or misprints. Company reserves the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.

9. Limitation of Liability. COMPANY SHALL NOT BE LIABLE FOR ANY PRODUCT PROVIDED BY COMPANY OR ANY FAILURE TO PERFORM ON ITS PART WHICH IS DUE TO CAUSES BEYOND ITS CONTROL. THE LIABILITY OF COMPANY, IF ANY, ARISING OUT OF AN AGREEMENT TO PURCHASE OR OTHERWISE WITH REGARD TO ANY GOOD OR PRODUCT FOR ANY AND ALL CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES (COLLECTIVELY “CLAIMS”), WHETHER ARISING FROM COMPANY'S NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, OR OTHERWISE SHALL NOT EXCEED THE TOTAL PRICE FOR THE PRODUCTS WHICH GAVE RISE TO SUCH CLAIMS. IN NO EVENT SHALL COMPANY BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM THE USE OR INABILITY TO USE COMPANY'S PRODUCTS OR DOCUMENTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR PROFITS.

10. Arbitration. Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against Company, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "Company") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Company's advertising, any related purchase, including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and Company. The arbitration shall be held in Santa Clara County, California at the office of Company, by telephone, or online. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the NAF or at P.O. Box 50191, Minneapolis, MN 55405.

11. Compliance with Law; Not For Resale. Customer warrants that it will strictly comply with all federal, state, international, and local laws, rules, regulations, ordinances, permits, approvals and agreements, including without limitation, all applicable export laws. Customer warrants that it is buying for its own internal use only, and not for resale. Company may offer resale arrangement in a  separate terms and conditions to govern the resale transcation.

12. Headings. The section headings used herein are for convenience of reference only and do not form a part of the Terms and Conditions, and no construction or inference shall be derived therefrom.

13. Acceptance. By ordering any product from Company, whether by clicking through over the internet, telephone, facsimile or otherwise, the Customer agrees to be bound by the Terms and Conditions set forth herein, as well as the "Acceptance of Contract Terms" contained elsewhere in any Company’s website.

14.  Shipping Options. For US domestic shipping, we offer reliable and efficient shipping options via USPS  or UPS Shipping Service for your convenience. For international shipping, we provide reliable and efficient international shipping options via USPS Priority Mail or Express Mail, DHL 3-day Express, and T-Cat Express (Taiwan Only) for your convenience.  Please note that international shipping fees will be calculated by weight and destination. For the detail of shipping options, please contact Company’s Customer Service at 1-408-586-9988.

15. Customs Returned, Refused and Seized Packages.  It is your obligation to contact the local customs office or other appropriate authority before you place an order and to familiarize yourself with any regulations or restrictions that may apply. Customs regulations differ by countries and not knowing their regulations can result in your order incurring high import duties, delivery being delayed, or returned to us. Company shall not be liable for any delivery issue related to the Customs, including but not limited to any Customs returned, rejected, refused or seized package.  

16. Delivery Disclaimer:

16.1 Address or Other Customer Error: If a package is returned to Company due to address error (or any other error) made by the Customer, the Customer will be responsible for any shipping, re-shipping, and restocking fees incurred herein.

16.2 Violation of laws: It is Customer’s obligation to check with the local customs office to see if your country permits the shipment of products you are going to order from Company and if any additional licenses or permits are needed. If a package is returned to Company due to violation of a country's laws, Customer will be responsible for (i) any fees (such as quarantine, warehousing or shipping) billed to Company; and (ii) any shipping, re-shipping, and restocking fees incurred herein.

16.3 Customs Seizure: If a package has been halted/seized by Customs or abandoned by the shipping carrier,  Customer is solely liable for such lost. If and when Company  receives the returned package from Customs, Customer will be responsible for any shipping, re-shipping, and restocking fees incurred herein.

16.4 Destroyed or unreturned package: If a package has been destroyed by Customs or the carrier, or has otherwise not been returned to Company, Customer is solely liable for such lost. Company may assist Customer to contact Customs or the carrier, subject to any addition service charge issued by Company.   

17. Import Taxes, Customs Duties and Tariffs. Prices paid for Company’s products do not include customs fees, taxes, duties or tariffs. Each country has its own laws and regulations. Company cannot predict or estimate additional customs fees, taxes or tariffs that may apply to your order. It is Customer’s  responsibility to pay these fees or to contact your country's appropriate authority to discuss or dispute such fees. These fees are determined by your local authority. Company has no control over these fees and is not liable for any of these fees incurred herein.  In the event that any additional fees apply to your order, you will be charged at the time of delivery. As stated in this Agreement, if you refuse a shipment because of these fees, there is no return, exchange, or refunds for any product. . Customer is  responsible for any shipping fees (including return shipping), and restocking fee incurred and/or billed to Company.