Terms Of Sale
BY PLACING AN ORDER FOR PRODUCTS FROM OUR SITE, YOU AFFIRM THAT YOU
ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND
ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU ARE
PLACING AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU
HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY
TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM OUR SITE IF YOU (A) DO NOT
AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF
AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH OF HARMONIOUS
HEALINGS, OR (C) ARE PROHIBITED FROM ACCESSING OR USING OUR WEBSITE
OR ANY OF OUR WEBSITE'S CONTENTS BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of Products through
websites (the "Sites") offered by Harmonious Healings (referred to as "HH", "us", "we", or "our"
as the context may require). These Terms are subject to change by us without prior written
notice at any time in our sole discretion. Any changes to the Terms will be in effect as of the
"Last Updated Date" referenced on the Sites. You should review these Terms prior to purchasing
any Products that are available through the Sites. Your continued use of any Site after the "Last
Updated Date" will constitute your acceptance of and agreement to such changes.
Products through the Sites.
ORDER, ACCEPTANCE, AND CANCELLATION
You agree that your order is an offer to buy, under these Terms, all Products listed in your order.
All orders must be accepted by us or we will not be obligated to sell the Products to you. We
may choose not to accept orders at our sole discretion, even after we send you a confirmation
email with your order number and details of the items you have ordered.
PRICES AND PAYMENT TERMS
1. All prices, discounts, and promotions posted on the Sites are subject to change without
notice. The price charged for a Product will be the price in effect at the time the order is
placed and will be set out in your order confirmation email. Price increases will only
apply to orders placed after such changes. Posted prices include taxes. We strive to
display accurate price information, however we may, on occasion, make inadvertent
typographical errors, inaccuracies or omissions related to pricing and availability. We
reserve the right to correct any errors, inaccuracies, or omissions at any time and to
cancel any orders arising from such occurrences.
2. We may offer from time to time promotions on the Sites that may affect pricing and that
are governed by terms and conditions separate from these Terms. If there is a conflict
between the terms for a promotion and these Terms, the promotion terms will govern.
3. Terms of payment are within our sole discretion and payment must be received by us
before our acceptance of an order. We accept American Express, Discover, Mastercard,
and Visa for all purchases. You represent and warrant that (i) the credit card information
you supply to us is true, correct and complete, (ii) you are duly authorized to use such
credit card for the purchase, (iii) charges incurred by you will be honored by your credit
card company, and (iv) you will pay charges incurred by you at the posted prices,
including shipping and handling charges and all applicable taxes, if any, regardless of the
amount quoted on the Sites at the time of your order.
SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS
1. We will arrange for electronic delivery of the Products to you. Please check the
individual Product page or order page for specific delivery options. If you wish for a
physical copy of your purchase, you will pay all shipping and handling charges specified
during the ordering process. Shipping and handling charges are reimbursement for the
costs we incur in the processing, handling, packing, shipping, and delivery of your order.
We will provide a refund of your purchase price, less the original shipping and handling costs,
provided such return is made within 30 days of purchase. Email our refund department at
Refunds are processed within approximately 5 business days of our receipt of your request for a
refund. Your refund will be credited back to the same payment method used to make the original
purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON
THE SITE AS NON-RETURNABLE.
ALL PRODUCTS OFFERED ON THE SITES ARE PROVIDED “AS IS” WITHOUT ANY
WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A)
WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR
IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF
TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR
OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES,
FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR
CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR
ENHANCED DAMAGES OR LOST PROFITS ARISING OUT OF, OR RELATING TO,
AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF
(A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE
WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR
EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE
CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR
SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT
PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.
The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and
(ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B)
death or bodily injury resulting from our acts or omissions.
GOODS NOT FOR RESALE OR EXPORT
You represent and warrant that you are buying Products from the Sites for your own personal or
household use only, and not for resale or export. You further represent and warrant that all
purchases are intended for final delivery to locations within the US.
data collected from you in connection with your purchase of Products through the Sites.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these
Terms, for any failure or delay in our performance under these Terms when and to the extent
such failure or delay is caused by or results from acts or circumstances beyond our reasonable
control, including, without limitation, acts of God, flood, fire, earthquake, explosion,
governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist
threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic,
lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints
or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable
materials, materials or telecommunication breakdown or power outage.
GOVERNING LAW AND JURISDICTION
The Sites are operated from the US. All matters arising out of or relating to these Terms are
governed by and construed in accordance with the internal laws of the State of Utah without
giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or
any other jurisdiction) that would cause the application of the laws of any jurisdiction other than
those of the State of Utah.
DISPUTE RESOLUTION AND BINDING ARBITRATION
1. YOU AND HH ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE
CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS
ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER
RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE
UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR
OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING
STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT,
INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR
RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE,
WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
2. The arbitration will be administered by the American Arbitration Association ("AAA") in
accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect,
except as modified by this Section, DISPUTE RESOLUTION AND BINDING
ARBITRATIONS. (The AAA Rules are available at www.adr.org/arb_med or by calling
the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation
and enforcement of this section, DISPUTE RESOLUTION AND BINDING
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or
enforceability of this arbitration provision, including any unconscionability challenge or any
other challenge that the arbitration provision or the agreement is void, voidable, or otherwise
invalid. The arbitrator will be empowered to grant whatever relief would be available in court
under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the
parties, and may be entered as a judgment in any court of competent jurisdiction.
3. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR
PBL WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR
AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR
OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE,
CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The
arbitral tribunal may not consolidate more than one person's claims, and may not
otherwise preside over any form of a representative or class proceeding. The arbitral
tribunal has no power to consider the enforceability of this class arbitration waiver and
any challenge to the class arbitration waiver may only be raised in a court of competent
If any provision of this arbitration agreement is found unenforceable, the unenforceable
provision will be severed and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under these Terms
without our prior written consent. Any purported assignment or delegation in violation of this
Section is null and void. No assignment or delegation relieves you of any of your obligations
under these Terms.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of
future enforcement of that right or provision. The waiver of any right or provision will be
effective only if in writing and signed by a duly authorized representative Of Harmonious
NO THIRD-PARTY BENEFICIARIES
These Terms do not and are not intended to confer any rights or remedies upon any person other
1. To You. We may provide any notice to you under these Terms by: (i) sending a message
to the email address you provide or (ii) by posting to the Site. Notices sent by email will
be effective when we send the email and notices we provide by posting will be effective
upon posting. It is your responsibility to keep your email address current.
2. To Us. To give us notice under these Terms, you must contact us by email at
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will
be deemed severed from these Terms and will not affect the validity or enforceability of the
remaining provisions of these Terms.
deemed the final and integrated agreement between you and us on the matters contained in these