Purchase Terms
Effective: August 11, 2008
THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH BEAUTIFULL, INC. OFFERS YOU OUR PRODUCTS AND SERVICES. BY ORDERING PREPARED FOODS (AS DEFINED BELOW), YOU ACCEPT THESE TERMS AND CONDITIONS. ALL SALES MADE BY BEAUTIFULL INC TO YOU ARE EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. THE TERMS AND CONDITIONS SET FORTH HEREIN CONTAIN THE SOLE, ENTIRE AND EXCLUSIVE AGREEMENT BETWEEN BEAUTIFULL, INC. AND YOU IN THIS TRANSACTION SUPERSEDING ALL PRIOR DISCUSSIONS, PROPOSALS, NEGOTIATIONS, REPRESENTATIONS, AND AGREEMENTS. ANY ADDITIONAL OR CONFLICTING TERMS, WHETHER OR NOT MATERIAL, SHALL NOT, IN ANY MANNER, BY IMPLICATION, BY WAIVER, OR OTHERWISE, GOVERN THE RELATIONSHIP BETWEEN BEAUTIFULL, INC. AND YOU.
YOU AGREE TO PERIODICALLY VISIT THIS PAGE TO DETERMINE THE THEN CURRENT TERMS AND CONDITIONS TO WHICH YOU ARE BOUND. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE OR ORDER PRODUCTS.
Beautifull, Inc. (“Beautifull” or “we” or “us”) may revise these Purchase Terms at any time without prior notice by posting the revised terms on www.realgoodinc.com or wwww.realgoodproject.com, (our “Websites”). Such revised terms will be effective, and apply to all Orders received, from and after the date of their posting on the Website.
1. Terms
These terms govern your order from Beautifull of single items or for a meal plan (an “Order”) of Beautifull meals, meal programs, or other products (“Prepared Food”) from Beautifull, including the regularly scheduled, recurring deliveries of Prepared Foods selected each week by Beautifull and delivered to you ( “Subscription Plans”).
2. Ordering Terms
2.1 You may place an Order for delivery of Prepared Foods or Subscription Plans at the Website, through email, or by calling Beautifull Customer Satisfaction Team. If you order online, your Order will not be complete until you click the appropriate button on the Website. By placing an Order on the Website, you agree to pay using a valid credit card, or if not on the Website in any other form of payment which we may accept from time to time, for the Order.
2.2 Orders must be placed prior to the order “cut off” time(s) noted on the website in order to provide for delivery of the Order during the next available delivery window described on the Website.
2.3 If you purchase a Subscription Plan, we will automatically charge your credit card (or otherwise obtain payment) once a week on for the Prepared Foods (each week a “Billing Period” ). If you purchase individual Prepared Food items, we will charge your credit card (or otherwise obtain payment) at the time of your Order.
2.4 The costs of shipping/delivery are disclosed on our website and will be applied to your order during the check out process. Sales Tax, where required, will also be applied to your order during the check out process. All prices are quoted and payable in United States Dollars.
2.5 We reserve the right to change our prices at any time. Changes will go into effect immediately upon posting, but will not apply retroactively to your previous Orders. For a Subscription Plan, we will use reasonable efforts to provide you notice of the revision of the prices before such change will go into effect. The change will go into effect at the beginning of the next relevant Billing Period after such change is effective, or later if required by applicable law.
3. Changes or Cancellation
3.1 To change or cancel an order (or Subscription Plan order) that you have previously placed, you must do so by contacting the Customer Satisfaction team at Beautifull either by phone or email no later than the Order Cutoff time noted on the web site. Requests for changes or cancellations after the Order Cutoff time cannot be honored, and your order is considered “final”, and not refundable. The lead time for changes and cancellations is necessary because immediately after the Order Cutoff, Beautifull will begin to place orders with its food suppliers and to produce your order.
3.2 Beautifull may cancel your order at any time. In the event of any cancellation by Beautifull, we will refund any amounts you paid for Orders not already fulfilled by us.
4. Ordering Information
4.1 To Order for Prepared Foods, you must provide information as required by the registration process, including your legal name, delivery address, telephone number, email address and applicable billing information (your “Order Information”). We will share your Order Information with third parties for the purpose of verifying the information you provide, obtaining payment, and providing delivery services to you. If you were referred to us by an affiliate of the Company, we may provide information related to your orders to that affiliate solely for purposes of calculating commissions due to that affiliate. If your Order Information changes, you are responsible for updating the Order Information to keep it accurate.
4.2 You are responsible for maintaining the confidentiality of your Order Information and passwords for any account information on the Website. Please notify us immediately in the event of any unauthorized use of your account, or any breach of security, including loss, theft, or unauthorized disclosure of your Order Information. You are responsible for all activities which occur under your account, including amounts billed to your credit card by a third party which was not authorized by you.
5. Important Health Information
5.1 Beautifull is not a medical organization and our staff cannot give you medical advice or diagnosis. You hereby acknowledge and agree that no information provided by our staff or our Website should be construed as medical advice or diagnosis, and the information and reports generated by us are not a substitute for physician consultation and treatment. You should seek the advice of a physician before beginning any diet or exercise plan or regimen, whether you suffer from a medical condition, or whether you are simply “health conscious”.
5.2 Food Allergies. Beautifull’s Prepared Foods are prepared in facilities that routinely process nuts, nut seed oil, dairy products, shellfish, pork, and other ingredients which contain allergens. Prepared Foods may also contain allergens or trace ingredients that are not listed on the packaging. Accordingly, Beautifull is unable to accommodate customers suffering from any type of food allergy, and individuals who do suffer from food allergies should not order Prepared Food from Beautifull and Beautifull shall not be responsible for the presence of any food allergens in Prepared Foods.
5.3 Substitutions. Prepared Foods (and various components thereof) are subject to change without notice. Beautifull reserves the right to substitute similar ingredients at its sole discretion based on availability, seasonality, quality of available ingredients, or other reasons. You should always read the ingredients listed on the packaging before consuming any Prepared Foods, especially if you have any food allergies.
6. Disclaimers of Warranties
In addition to the disclaimers that are posted on our Website Terms of Use, which govern any use of our Website, and the Important Health Information above, the following disclaimers apply to your Order of Prepared Foods:
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL OBTAINED FROM BEAUTIFULL IS provided “As is” with no REPRESENTATIONS or warranties, and real good express disclaims all warranties, express or implied, including the warranties of merchantability, fitness for a PARTICULAR purpose, or effectiveness. NEITHER BEAUTIFULL NOR ANY OF ITS SERVICE PROVIDERS OR SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE HEALTH BENEFITS OR MEDICAL EFFECTS OF OUR PRODUCTS.
NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH OUR WEBSITE SHALL CONSTITUTE MEDICAL ADVICE OR CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
7. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE APPLICABLE ORDER. THE LIMITATIONS ON LIABILITY INCLUDED IN THIS PARAGRAPH MAY BE PROHIBITED UNDER THE LAWS OF CERTAIN JURISDICTIONS AND, ACCORDINGLY, MAY NOT APPLY IN YOUR JURISDICTION.
8. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law. Any action at law or in equity arising out of or relating to your Orders or this agreement shall be brought exclusively in the state and federal courts in Alameda County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts.
9. Miscellaneous Terms
9.1 The prevailing party in any action regarding this agreement shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs and reasonable attorney's fees.
9.2 If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This agreement, together with the Terms of Use and Privacy Policies of the Website, are the entire agreement between you and us relating to the subject matter herein. In the event of any conflict between this agreement and the Terms of Use of the Website, this agreement shall control. This agreement may be modified only by our posting of changes to this Agreement on our Website, or by written agreement of Beautifull. No waiver of any right or remedy under this agreement may be effective as against Beautifull unless in a writing signed by Beautifull.
9.3 We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees.
9.4 The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party's rights or remedies.
Beautifull Customer Satisfaction Team Contact Information:
Phone: 866.624.0225
Email: customersatisfaction@beautifull.com
Mail: Beautifull, Inc., Attn:Customer Satisfaction Team, 1285 66th Street, Suite 100, Emeryville, CA 94608