Terms

Alaffia Terms of Service & Sale

 

ALAFFIA TERMS OF SERVICE

 

Last Updated: August 10, 2021

Welcome to Alaffia.com! These Terms of Service (“Terms”) apply when you access and use our website and other online products and services (collectively, our “Services”), including to purchase products and services from Agbanga Karite, Inc. dba Alaffia (“Alaffia,” “we,” or “us”). By using the Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 13. If you do not agree to these Terms, do not use the Services.

Please note that in addition to these Terms, our Terms of Sale apply if you use our Services to make a purchase. Please review our Terms of Sale carefully before making a purchase.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms.  Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

If you have any questions about these Terms or the Services, please contact us at service@alaffia.com.

1  Privacy

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

2  Eligibility

You must be at least 18 years of age to use the Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.  If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use the Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

3  User Accounts and Account Security

You may need to register for an account to access some or all of the Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

 

  • User Content

 

When using our Services, you have the ability to create, post and share content, such as photos, videos, text and other materials (collectively “User Content”) and will do so in accordance with these Terms. Enforcement of this section is solely at Alaffia’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.  In addition, this section does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited herein.

 

  • User Content Posted on Our Services. You represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights, trademarks, contract rights, privacy rights, any other intellectual property rights, and rights of publicity contained therein, and that all User Content provided by you is accurate, complete, up-to-date, nonconfidential and in compliance with all applicable laws, rules and regulations. When you create, post or share User Content on our Services, you grant Alaffia and our successors and assigns a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to reproduce, adapt, publish, create derivative works from, copy, display, upload, publicly perform, distribute, store, modify and otherwise use your User Content and any name, username, likeness, voice or photograph provided in connection with your User Content, without compensation to you, in connection with the operation of the Services or the promotion, advertising or marketing of the Services, in any form, medium or technology now known or later developed, and including after the termination of your account or the Services. You further represent and warrant that your User Content will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

 

  • Content from Third-Party Platforms. We may also pull User Content from third-party platforms (like Facebook and Instagram), and display such content on our Services, including when users post photos and videos using our brand hashtags, including, without limitation, #BeautyEqualityEmpowerment (collectively, the “Alaffia Hashtags”), or tagging @Alaffia accounts. You acknowledge and agree that this User Content may be displayed on our Services or used in our emails and other marketing materials, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with such content. You represent and warrant that the posting and use of your User Content and your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe your rights or those of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.

5  Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using the Services. You will not:

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Use or attempt to use another user’s account without authorization from that user and Alaffia;
  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
  • Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
  • Use the Services other than for their intended purposes and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
  • Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
  • Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from the Services;
  • Develop or use any applications that interact with the Services without our prior written consent; or
  • Use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

 

You agree not to create, post, store or share User Content on our Services that:

  • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
  • Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
  • May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
  • Impersonates, or misrepresents your affiliation with, any person or entity;
  • Contains any unsolicited promotions, political campaigning, advertising or solicitations;
  • Contains any private or personal information of a third party without such third party’s consent;
  • Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
  • In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying the Services, or may expose Alaffia or others to any harm or liability of any type.

6  Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Alaffia or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services and the content therein are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services. When you use our store locator function on the Services, which utilizes Google Maps features and content, such use is additionally subject to the then-current versions of the Google Maps Terms of Service and Privacy Policy. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

7  Trademarks

“Alaffia” and our logos, product or service names, slogans and the look and feel of the Services are trademarks of Alaffia and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, Services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

8  Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Alaffia and our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in Alaffia’s sole discretion. You understand that Alaffia may treat Feedback as nonconfidential.

9  Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Alaffia’s designated agent as follows:

 

Designated Agent:                 Alaffia DMCA Agent

Address:                                8109 RIVER DR SE

                                              OLYMPIA, WA 98501

Telephone Number:              360-866-0080

E-Mail Address:                     dmca@alaffia.com

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Alaffia for certain costs and damages.

10  Third Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Alaffia does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

11  Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Alaffia and our respective officers, directors, agents, partners and employees (individually and together with Alaffia, the “Alaffia Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services, including to purchase our products and services; (b) your User Content or Feedback; and (c) your violation of these Terms. You agree to promptly notify the Alaffia Parties of any third-party Claims, cooperate with the Alaffia Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). You also agree that the Alaffia Parties will have control of the defense or settlement, at the Alaffia Parties’ discretion, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the Alaffia Parties.

12  Limitation of Liability and Disclaimers of Warranties

  • EXCEPT AS OTHERWISE PROVIDED BY US IN WRITING, ALAFFIA, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “ALAFFIA PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT OUR SERVICES OR THE CONTENT OR PRODUCTS OFFERED THEREIN, INCLUDING BUT NOT LIMITED TO OUR SERVICES’ ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE ALAFFIA PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR OUR SERVICES OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOUR USE THE SERVICES AND THE CONTENT AND PRODUCTS OFFERED THEREIN IS AT YOUR OWN RISK.

 

  • THE ALAFFIA PARTIES DO NOT WARRANT THAT OUR SERVICES WILL OPERATE ERROR FREE OR THAT OUR SERVICES, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF OUR SERVICES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO ALAFFIA PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

 

  • EXCEPT AS OTHERWISE PROVIDED BY US IN WRITING, OUR SERVICES AND THE CONTENT AND PRODUCTS OFFERED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE ALAFFIA PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

 

  • IN NO EVENT SHALL ANY ALAFFIA PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE OUR SERVICES OR THE CONTENT OR PRODUCTS OFFERED THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH ALAFFIA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $500.00.

 

  • Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH JURISDICTIONS, THE LIABILITY OF THE ALAFFIA PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

13  Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with the Alaffia Parties and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.

  • No Representative Actions. You and the Alaffia Parties agree that any dispute arising out of or related to these Terms or our Services is personal to you and the Alaffia Parties and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
  • Arbitration of Disputes. Except for small claims disputes in which you or the Alaffia Parties seek to bring an individual action in small claims court located in the county of your billing address, or disputes in which you or the Alaffia Parties seek injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and the Alaffia Parties waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against the Alaffia Parties you agree to first contact the Alaffia Parties and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Alaffia by email at service@alaffia.com or by certified mail addressed to Alaffia, Attn: Legal Department 8109 RIVER DR SE OLYMPIA, WA 98501. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and the Alaffia Parties cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings may be held via phone or video conferencing, or in Olympia, Washington, unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 13, a “consumer” means a person using the Services for personal, family or household purposes. You and the Alaffia Parties agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
  • You and the Alaffia Parties agree that these Terms affect interstate commerce and that the enforceability of this Section 13 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
  • The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, the Alaffia Parties, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision. 
  • You and the Alaffia Parties agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and the Alaffia Parties will pay the remaining JAMS fees and costs. For any arbitration initiated by the Alaffia Parties, the Alaffia Parties will pay all JAMS fees and costs. You and the Alaffia Parties agree that the state or federal courts of the State of Washington and the United States sitting in Pierce County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
  • Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and the Alaffia Parties will not have the right to assert the claim.
  • You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 13 by emailing us at service@alaffia.com, or by sending your opt out via certified mail addressed to Alaffia, Attn: Legal Department 8109 RIVER DR SE OLYMPIA, WA 98501. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 14.
  • If any portion of this Section 13 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 14 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 13; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 13 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 13 will be enforceable.

14  Governing Law and Venue

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Washington, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Washington and the United States, respectively, sitting in Pierce County, Washington.

15  Modifying and Terminating the Services

We reserve the right to modify the Services or to suspend or stop providing all or portions of the Services at any time. You also have the right to stop using the Services at any time. We are not responsible for any loss or harm related to your inability to access or use the Services.

16  Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

17  Miscellaneous

  • The failure of Alaffia to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.

 

  • Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.

 

 

ALAFFIA TERMS OF SALE

Last Updated: August 10, 2021

 

PLEASE READ THESE TERMS OF SALE CAREFULLY. BY PURCHASING ANY PRODUCTS PROVIDED BY ALAFFIA THROUGH OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SALE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SALE, DO NOT MAKE ANY PURCHASES THROUGH OUR SERVICES.

Agbanga Karite, Inc. dba Alaffia (“Alaffia,” “we,” or “us”) may make products (“Products”) available to you for purchase through our website and other online products and services (collectively, our “Services”). Your purchase of any Products through the Services is governed by these terms and conditions of sale (“Terms of Sale”) and our Terms of Service, which are incorporated by reference. Capitalized terms that are not defined in these Terms of Sale will have the meaning given to them in our Terms of Service. To the extent there is a conflict between these Terms of Sale and our Terms of Service, these Terms of Sale will control for that conflict.

We may make changes to these Terms of Sale from time to time. If we make changes, we will update the date at the top of these Terms of Sale. Unless stated otherwise, the amended Terms of Sale will be effective immediately. We encourage you to review these Terms of Sale each time you make a purchase from us to ensure you understand the terms and conditions that apply to such purchase.

 

  1. Availability and Pricing

 

All prices are shown in U.S. dollars. Prices do not include applicable Taxes (defined below), shipping and handling charges, or other fees, unless we clearly state otherwise or are required by law to display prices inclusive of any Taxes, charges and other fees. To the fullest extent permitted by applicable law, you are responsible for any sales, use, value-added or other governmental taxes, fees or duties (collectively, "Taxes") due with respect to your purchase and use of Products. You agree to pay for Taxes, shipping or carriage of the Products as such costs are specified by us when you submit your order.

 

All Products offered for sale are subject to availability and we reserve the right to impose quantity limits on any order, reject all or any part of an order and discontinue our Services without prior notice.  Prices for Products are subject to change at any time, but changes will not affect any order for Products you have already placed.

 

  1. Payment and Billing

 

By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges).  If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled.  You must resolve any problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your account, you can do so at any time by logging into your account and editing your payment information.  If any of the Products in your order are unavailable, we will notify you and provide you with an option to receive the Product when it becomes available, or to cancel the applicable order and receive a refund.

 

  1. Shipping and Handling

 

When we ship Products to you or per your directions, you agree to pay the shipping and any handling charges shown on the Services when your order is placed. We reserve the right to increase, decrease, add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order. We may provide you with an option for free shipping if your order is above a certain dollar amount. Any free shipping is limited to the lower 48 states in the United States only. We do not ship outside of the United States. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. You agree that you will not obtain or direct shipment of product for export. If you have any questions or concerns regarding shipping or have trouble placing an order, please contact us at service@alaffia.com or call us at 1-360-866-0080. 

 

  1. Delivery; Risk of Loss

 

Your order will be delivered to the delivery address that you specify when placing your order. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed.  Ownership of the Products ordered will also pass to you upon your receipt of the Products. Unless we state otherwise, risk of loss or damage to a Product passes to you upon delivery of the Product to your specified delivery location. 

 

  1. Returns and Refunds

 

If you are unhappy with a Product you purchase from us through our Services, you can return the Product within 30 days of purchase and receive a refund. To return the Product, please email us at service@alaffia.com and include your full name, order number, items to be returned, and reason for the return. The initial shipping cost is non-refundable, and you are responsible for the cost of the return shipping. Returned orders will be refunded once we receive the order back at our warehouse. This could take approximately 14 days from receiving the package. We are not responsible for lost or undelivered packages – please ship via a trackable method.

 

If you purchased Alaffia products from another retailer and would like to return them, please reach out to the original retailer for their return policy. We do not process returns at Alaffia for products purchased from other retailers.

 

  1. Agreement to Conduct Transactions Electronically; Recording; Copies

 

You agree that all of your transactions with or through the Services may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms of Sale unless you enter into different terms provided by us. You are responsible to print or make an electronic copy of these Terms of Sale and any other contract or disclosure that we are required to provide to you.

 

  1. Errors

 

We attempt to be as accurate as possible and to eliminate errors on our Services; however, we do not represent or warrant that the descriptions, pricing or other information about our Products are accurate, complete, reliable, current or error-free.  In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.

 

  1. Severability

 

If any provision or part of a provision of these Terms of Sale is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Sale and does not affect the validity and enforceability of any remaining provisions.

 

  1. Questions

 

If you have any questions regarding these Terms of Sale, please contact us at service@alaffia.com.

 

 

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