Terms & Conditions

Terms and Conditions

1. Definition

  • “Goods” means the products and services offered for sale on EmpowerUplan.com.
  • “We,” “Us,” or “Our” means Mountain Wellness Lab, LLC, doing business as EmpowerUplan.com.
  • “You” or “Your” means the customer.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1. This agreement is entered into by Mountain Wellness Lab, LLC, doing business as EmpowerUplan.com. Our registered office is at 1846 E INNOVATION PARK DRIVE, SUITE 100, ORO VALLEY, AZ 85755, USA.

2.2. How to contact us: You can contact us by writing to us at [email protected] or Customer Services, Mountain Wellness Lab LLC, 166 Geary St., STE 1500 #1757, San Francisco, CA 94108.

2.3. How we may contact you: If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. If you contact us through social media, we may reply through the same method where we consider it appropriate to do so.

3. Health Warning

You must not rely on the information from EmpowerUplan as an alternative to medical advice from an appropriately qualified professional. If you have any questions about any medical matter, you should consult your doctor immediately. If you are on any prescribed medicine whatsoever, you should seek advice from your doctor before following any information or suggestions on the EmpowerUplan.com website, any other EmpowerUplan.com published material, and any communication via video media platforms such as YouTube. Even if you are not on medication, if any of the information on this website is very different to your current lifestyle, you should sit down and share the information with your doctor and ask them whether they feel it is appropriate for you. We disclaim liability for any medical or health outcomes that may occur as a result of following the information or suggestions on this site. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this site.

It is important to understand that there will be individual variations in arriving at optimal health, and you need to uncover the right approach for your own body. Contributions from medical experts should not be taken as an endorsement of the site as a whole. This website contains information and suggestions relating to what to eat, when to eat it, and how to exercise.

4. BASIS OF SALE

4.1. What these terms cover: These are the terms and conditions on which we supply Goods to you.

4.2. Why you should read the terms: Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Goods to you, how you and we may change or end the contract, what to do if there is a problem, and other important information. If you think there is a mistake in these terms, please contact us to discuss.

4.3. Goods may vary slightly from their picture: Any descriptions, images, or advertising we issue are produced solely to provide you with an approximate idea of the Goods they describe.

4.4. How we will accept your order: Our acceptance of your order will take place (a) when we email you to accept it, or (b) if you have not provided us with your email address, when we ship your order, at which point a contract will come into existence between you and us. Receipt of an order by our Help Team or via our website, or assignment of an order number to your order, does not constitute our acceptance of an order.

4.5. If we cannot accept your order: If we are unable to accept your order, we will inform you of this either by telephone or in writing and will not charge you for the Goods. This might be because the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Goods, because we are unable to meet a delivery deadline you have specified, because we do not ship to your chosen delivery address, or if we do not wish to supply you for any reason whatsoever.

4.6. Your order number: We will assign an order number to your order and tell you what it is when we receive your order, but providing an order number does not constitute our acceptance of your order, which will happen only in accordance with clause 4.4. It will help us if you can quote the order number whenever you contact us about your order.

5. HOW WE MAY USE YOUR PERSONAL INFORMATION

5.1. How we will use your personal information: We will use the personal information you provide to us in the following manner:

  • 5.1.a. to supply the Goods to you;
  • 5.1.b. to process your payment for the Goods; and
  • 5.1.c. if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

5.2. Information to third parties: We will only give your personal information to third parties where the law either requires or allows us to do so, or to any purchaser of all or part of our business.

5.3. Our privacy policy: For further detail on how we may use your personal information, please read our privacy policy. You agree that the use of our website is subject to our privacy policy and that all information provided by you to us is true and accurate.

6. OUR RIGHTS TO MAKE CHANGES

6.1. Minor changes to the Goods: We may change the Goods to reflect changes in relevant laws and regulatory requirements, or to implement minor technical adjustments and improvements. These changes will not affect your use of the Goods.

6.2. More significant changes to the Goods and these terms: Should we make material changes to the Goods or these terms after accepting your order, we will notify you and you may then contact us to end the contract before the changes take effect. You will receive a refund for any Goods paid for but not received.

7. THE GOODS

6.1. Our quality promise: We warrant that on delivery, the Goods shall:

  • 6.1.a. conform with their description (subject to any qualification at clause 3.3 or clause 5.1);
  • 6.1.b. be of satisfactory quality;
  • 6.1.c. be fit for any purpose we say the Goods are fit for;
  • 6.1.d. be free from material defects in design, material, and workmanship; and
  • 6.1.e. comply with all applicable statutory and regulatory requirements for selling the Goods in the United States of America.

6.2. Your warranty rights: This warranty is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform with these terms. Please contact us on our contact form ticket for warranty issues.

6.3. Warranty exclusions: This warranty does not apply to any defect in the Goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, or if you fail to follow our instructions without our prior written approval.

8. DELIVERING THE GOODS AND DELIVERY CHARGES

7.1. Delivery charges: Please see our Delivery Table for delivery times, charges, and options.

7.2. When your Goods will be delivered: Delivery periods may vary depending on the address, but we aim to have your delivery completed within the specified times with a guarantee that your Goods will be delivered within 30 days of acceptance of the order.

7.3. We are not responsible for delays outside our control: If our supply of the Goods is delayed by an event outside our control, then we will contact you as soon as possible to let you know, and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any Goods you have paid for but not received.

7.4. Delivery areas: We only deliver within the USA. If you place an order for a delivery address outside of the USA, your order will be canceled, and any monies paid will be refunded.

9. SPECIAL TERMS FOR ELECTRONIC AND DIGITAL PRODUCTS

9.1. Delivery of Electronic and Digital Products:

  • 9.1.a. Upon successful payment, you will be granted access to the digital product. This may include a downloadable file, access to an online course, or other digital content as specified in the product description.
  • 9.1.b. Delivery is considered complete when the digital product is made available to you, regardless of whether you download or access it immediately.
  • 9.1.c. You are responsible for ensuring that your system meets the minimum technical requirements to access and use the digital product. We are not responsible for any issues you experience due to your system’s incompatibility.

9.2. Returns and Refunds for Electronic and Digital Products:

  • 9.2.a. Due to the nature of electronic and digital products, we generally do not offer returns or refunds once the product has been accessed or downloaded.
  • 9.2.b. Exceptions to this policy may be considered in the following circumstances, at our sole discretion:
  • The digital product is defective or does not conform to its description.
  • We are unable to provide the digital product as described.
  • 9.2.c. If you believe you are entitled to a refund, you must contact us within [Number, e.g., 7, 14, or 30] days of the date of purchase, providing detailed reasons for your request.
  • 9.2.d. We reserve the right to deny a refund if:
  • You have accessed or downloaded a substantial portion of the digital product.
  • The issue is due to your own system or internet connectivity.
  • You have simply changed your mind.

9.3. Usage Rights and Restrictions:

  • 9.3.a. Your purchase of a digital product grants you a non-exclusive, non-transferable license to access and use the product for your personal, non-commercial use.
  • 9.3.b. You may not:
  • Distribute, share, or resell the digital product.
  • Modify, adapt, or create derivative works from the digital product.
  • Use the digital product for any commercial purpose without our prior written consent.
  • Attempt to circumvent any security measures or access controls.

10. IF THERE IS A PROBLEM WITH THE GOODS

8.1. How to tell us about problems: If you have any questions or complaints about the Goods, please contact us. You can email us at [email protected] or write to us at Customer Services, EmpowerUplan.com, 166 Geary St STE 1500 #1757, San Francisco, CA 94108.

8.2. What happens if the Goods become faulty: If the Goods become faulty within 30 days of receipt, you will be offered the choice of a refund of amounts paid or, if stock is still available, a replacement.

8.3. What happens if the Electronic Goods become faulty after 30 days: if Electronic Goods become faulty after 30 days but within six months of receipt, we will offer our choice of a refund of amounts paid, replacement or repair unless we, at our sole discretion, determine that the fault has arisen through misuse of the Goods.

8.4. Your obligation to return rejected products: If you wish to exercise your legal rights to reject Goods, please contact our Help Team, by emailing [email protected], where we will advise on how to return the items, including if we inform you they are not suitable for posting, allow us to arrange collection of the Goods from you.

8.5. Insuring your return: We are not liable for returned Goods which are lost or damaged in transit, so it is important that you use an insured delivery method as set out in our returns form.

8.6. Repairs and replacements: These terms apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these terms.

8.7. Missing items: If there are any items missing from your order, then please notify us within 72 hours of receipt, and we will endeavor to rectify any errors.

11. TITLE AND RISK

9.1. When you become responsible for the Goods: The Goods will be your responsibility from the time of delivery to the delivery address given by you.

9.2. When you own the Goods: Ownership of the Goods will only pass to you when we receive payment in full of all amounts due for the Goods, including delivery charges.

12. PRICE AND PAYMENT

10.1. Where to find the price for the Goods: The price of the Goods (which includes Taxes for orders within the USA) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Goods advised to you is correct; however, please see clause 10.4 for what happens if we discover an error in the price of the Goods you order.

10.3. What happens if we get a price wrong: It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Good’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Good’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund you any amounts you have paid, and require the return of any Goods provided to you.

10.4. When you must pay and how you must pay: Payment is taken once all the Goods have been picked and are ready to be packed for shipment. At this point, your credit card, debit card, PayPal account, or Klarna account will be charged, and your order will be dispatched upon successful payment receipt. Please note that orders placed on cards issued outside the USA may be subject to cross-border transaction fees, and all credit or debit card orders may incur fees if placed in a currency other than that for which the card is issued. These charges, and any similar ones with alternate payment methods, are outside of our control and must be paid by you directly to your card issuer.

13. OUR GOODWILL GUARANTEES

11.1. Our goodwill guarantees: Please note, these terms reflect the goodwill guarantees offered by us to our customers, which are more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. These goodwill guarantees do not affect your legal rights in relation to faulty or misdescribed Goods (see clause 8).

11.2. ‘30-Day 100% Money Back Guarantee’: Whenever you buy Goods from us, you have the benefit of our ‘30-Day 100% Money Back Guarantee,’ which starts on the day you receive your Goods.

11.3. Where the ‘30-Day 100% Money Back Guarantee’ applies: If you are not satisfied with any aspect of your order, just let us know within 30 days of receiving the Goods, and return the original packaging with your order number and receipt of Goods as proof of purchase. Refunds under clauses 11.5 and 11.6 will apply. Please also refer to clause 11.4 for how to return Goods.

11.4. How to return the Goods under the ‘30-Day 100% Money Back Guarantee’: If you wish to exercise your legal rights under this guarantee, please email us at [email protected] so we can advise you on how to return your item, including (if they are not suitable for posting) allowing us to arrange collection from you. We are not liable for returned Goods which are lost or damaged in transit, so it is important that you use an insured delivery method as set out in our returns form.

11.5. Timing of refund: If the Goods are received by us as new in accordance with clause 12.3, we will process your refund within a maximum of 60 days of receiving your returned Goods into our warehouse located in the United Kingdom.

11.6. No refund of delivery charges: We do not refund the cost of the original delivery charges. Return delivery charges are not refundable unless the Goods are faulty.

14. YOUR RIGHT TO CANCEL

12.1. You can always end your contract with us: Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, and when you decide to end the contract:

  • 12.1.a. If what you have bought is faulty or misdescribed: you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 8.
  • 12.1.b. If you want to end the contract because of something we have done or have told you we are going to do, see clause 12.2; and
  • 12.1.c. If you have just changed your mind about the Goods, see clause 12.3. You may be able to get a refund of amounts paid if you are within the cooling-off period, but this may be subject to certain conditions, deductions, and you will have to pay the costs of return of any Goods.

12.2. Ending the contract because of something we have done or are going to do: If you are ending a contract for a reason set out at (a) to (d) below, the contract will end immediately, and we will refund you in full for amounts paid for any Goods which have not been provided, and you may also be entitled to compensation. The reasons are:

  • 12.2.a. we have told you about an error in the price or description of the Goods you have ordered, and you do not wish to proceed;
  • 12.2.b. there is a risk that supply of the Goods may be significantly delayed because of events outside our control;
  • 12.2.c. we have suspended supply of the Goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
  • 12.2.d. you have a legal right to end the contract because of something we have done wrong.

12.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013): For most Goods bought online, you have a legal right to change your mind within 14 days and receive a refund of amounts paid. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

12.4. When you don’t have the right to change your mind: You do not have a right to change your mind if the Goods returned do not comply with clause 11.3

12.5. How long do you have to change your mind: You have 14 days after the day you (or someone you nominate) receives the Goods.

15. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

13.1. Tell us you want to end the contract: To end the contract with us, please let us know by emailing us at [email protected] or write to us at Customer Services, EmpowerUplan.com, 166 Geary St, STE 1500 1757, San Francisco, CA 94108. In any case, please provide your name, home address, details of the order and, where available, your phone number and email address.

13.2. Returning Goods after ending the contract: If you end the contract for any reason after the Goods have been dispatched to you or you have received them, you must return them to us. You must either post them back to us at EmpowerUplan.com, Unit 2D, Eagle Road, Redditch, Worcestershire, B98 9HF, United Kingdom or (if we consider that they are not suitable for posting) allow us to collect them from you. We are not liable for returned Goods which are lost or damaged in transit, so it is important that you use an insured delivery method. If you are exercising your right to change your mind, you must send off the Goods within 14 days of telling us you wish to end the contract.

13.3. How we will refund you: If you are entitled to a refund, we will refund you the price you paid for the Goods, excluding delivery costs (unless we otherwise agree) within 14 calendar days from the day on which we receive the Goods back from you, by the method you used for payment.

13.4. Where no refunds will be provided: If you are exercising your right to change your mind, we will not provide any refund if the Goods do not meet the criteria set out in clause 11.3. If we refund you the price paid before we are able to inspect the Goods and later discover that they do not meet the criteria in clause 11.3, you must pay us the full costs of the Goods and delivery charges, and for any damage to the Goods.

13.5. What happens with refunds if you return a single item that has had a bulk order discount applied: If you cancel or return any Goods purchased using a promotional discount or voucher code, the value of the promotional discount or coupon discount will be subtracted on a pro-rata basis against the relevant Goods returned from the refund or credit provided to you.

16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

14.1. We are responsible to you for foreseeable loss and damage caused by us: If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

14.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so: This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Goods including the right to receive Goods which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and for defective Goods under the Consumer Protection Act 1987.

14.3. We are not liable for business losses: We only supply the Goods for domestic and private use. If you use the Goods for any commercial, business, or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

17. YOUR INDEMNITY

15.1. You agree to defend, indemnify, and hold harmless each of us, our affiliates, employees, officers, directors, and agents from any claim, losses, damages, liabilities, costs, or demand, including reasonable professional advisors’ fees, arising out of or relating to your breach of these terms; provided, however, this indemnity shall not apply to any claim, losses, damages, liabilities, costs, or demands resulting from our negligence or willful misconduct. This indemnity shall continue to endure notwithstanding prior fulfillment of the order or other termination thereof.

18. OTHER IMPORTANT TERMS

16.1. We may transfer this agreement to someone else: We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

16.2. You need our consent to transfer your rights to someone else: You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

16.3. General: We will pay the reasonable costs of return if the Goods are faulty or misdescribed or if you are ending the contract for one of the reasons set out in clause 12.2. However, in all other circumstances (including where you are exercising your right to change your mind), you must pay the costs of return. If you claim the Goods are faulty or misdescribed but on inspection they are not, we reserve the right to charge you for the cost of delivery and return.

16.4. Nobody else has any rights under this contract: This contract is between you and us. No other person shall have any rights to enforce any of its terms.

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