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ACM BRANDS INTERNATIONAL
TERMS AND CONDITIONS OF USE



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ACM BRANDS INTERNATIONAL

TERMS AND CONDITIONS OF USE

CAREFULLY READ AND UNDERSTAND THESE TERMS BEFORE ORDERING ANY PRODUCT THROUGH THIS WEBSITE
ATTENTION: This is a binding Agreement (the “Agreement”) between You, the individual or entity accessing, using or purchasing Product from this Website (“you,” “your” or “Customer”) and ACM BRANDS INTERNATIONAL… (“ACM BRANDS…,” “we,” “our” or “Company”) the owner and administrator of this Website and all content contained herein (collectively, “Website”).
IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE WEBSITE
For product support, please contact support@ACMBRANDS.com.
1.1 Shipping and Handling
Charges/Refund Policy, you will be responsible to pay the shipping and handling charges that you selected upon ordering the Product. However, if you have encountered an error in your order Company may, at its discretion, refund your Shipping and Handling. If you suspect any errors in your order, please contact our Customer Care Department. Shipping and Handling only pertains to physical products such as all of ACM BRANDSs initial products as shown on the website and any additional products, Any and all digital style products such as the ACM BRANDS marketing system and/or any online web style offerings are deployed immediately upon registration or upgrade payments.
1.2 Shipping Time
Your order will be processed within 3 business days from the time of order placement. Shipping time is estimated to be three to four (3-4) calendar days after order processing. This period could be longer based on back order status or manufacturing timeframes. Any and all delays will be noted in all affiliates back office.
1.3 Package Selections:
Any and all packages and/or products being offered by ACM BRANDS will always be listed on the main master company website and will also be listed in all affiliates back office systems under products and/or packages. All orders can be placed online through either system.
ACM BRANDS may from time to time alter the packages being offered and will notify affiliates of any changes or substitutions via email and back office communication.
  1. GENERAL
    These terms and conditions apply to ALL transactions made on or through this Website. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to the terms and conditions in this document by any act demonstrating your assent thereto, including clicking any button containing the words “I agree” or similar syntax, or by merely accessing the Website, whether you have read these terms or not. It is suggested that you print this form for your personal records.
    By placing an order with us, you will be deemed to have read, understood, and agreed to these Terms and Conditions of Use (collectively, “Terms”). If you do not agree to be bound by these Terms, you may not access or use the Website, or purchase any Product(s) through the Website. By accessing, using or ordering Product(s) through the Website, you affirm that you have read this Agreement and understand, agree and consent to all Terms contained herein.3. IMPORTANT HEALTH INFORMATION
    The statements made on our websites have not been evaluated by the FDA (U.S. Food & Drug Administration). This product is not intended to diagnose, cure or prevent any disease. The information provided by this website, email, or this company is not a substitute for a face-to-face consultation with your health care professional and should not be construed as individual medical advice. If there is a change in your medical condition, please stop using our product immediately and consult your health care professional. You should not use the information on our website or email for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before starting any diet, exercise or supplementation program, before taking any medication, or if you have or suspect you might have a health problem. Do not use our supplements or weight management plans if you are pregnant, nursing, anorexic, bulimic, or under the age of 18. It is important to be aware of certain risks that have been associated with weight loss, including, but not limited to, diarrhea, constipation, loss of lean body mass, muscle cramps, fatigue, dry or cold skin, dizziness, hair loss, gout, headaches, irregular or stopping menstruation, and reduced tolerance to cold. Please remember that use of all weight management products should be in combination with a sensible diet that includes exercise and a calorie, carbohydrate, or fat restricted diet to achieve your goals.4. TEMPORARY PRICE REDUCTION
    For your convenience and benefit, Company may temporarily reduce the price of your order for promotional purposes, or to ensure that your purchase order transaction is capable of being processed by your credit card company or processor.5. PRODUCT RETURNS (Applicable to all Products Ordered from Company)
    You may return any unused and unopened item purchased from us for any reason within fourteen (14) days of your purchase date. If you return a partial amount of merchandise, you will forfeit the free product and receive a refund on the discount price per item based on the total purchase. Each unopened bottle will have a restocking fee of $5.00 per bottle. Your complete satisfaction is our ultimate goal. You may return any item shipped by Company, keeping the following in mind:
  • You should return the item to us within 14 days of your purchase date.
  • Shipping and Handling Fees are Non Refundable.
To request a refund you must obtain an RMA (Return Authorization). Requests must be made via phone or email and submitted with your order information. If you return your product without a RMA number you will not be refunded. Shipping and handling charges are non-refundable. For returns via mail, you must carefully package the product, you are responsible for the cost of return shipping, and we must physically receive the return within the 14 day period. Company reserves the right, at its sole discretion, to reject any return that does not comply with these requirements. Once your return has been received, a credit to your card or refund check will be issued and an e-mail confirmation will be sent within 14 days.
If you are dissatisfied with your product, send back your unused and unopened package for a full refund less shipping charges. We do not cover shipping costs for the return either. Within 14 days Returned Products must be sent to the following address:
For any product wished to be returned please send an email requesting return instructions to:
support@ACM BRANDS.com
Upon receipt of your email we date stamp your request. We then forward a return request to our suppliers whom in turn make the return arrangements. If this is a digital nature product your refund is processed immediately, and email confirmation sent within 5 business days.
We are not responsible for lost or stolen items. We recommend all returned items to be sent using some type of third party delivery confirmation system to ensure proper delivery.
  1. SHIPPING TERMS
    When we ship the Product to you, our Standard ground mail service is shipped via the combined services of the United States Postal Service and United Parcel Service. With our Expedited Priority Processing Option (if available), we will make your shipment our priority and ship your package out the same day for all orders placed before 1PM EST and the next day for all orders placed after 1PM EST (packages should arrive within three to four (3-4) business days). We do not guarantee arrival dates or times.7. BILLING ERRORS
    If you believe that you have been billed in error, please notify our Customer Care Department. If we do not hear from you within 180 days after such billing error first appears on any account statement, the billing will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You are deemed to have released Company from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Company within thirty (30) days of its appearance on your credit card account statement.8. REPRESENTATIONS; DISCLAIMERS
    It is our Company mission to provide our customers with the finest Products available. We believe in the efficacy of the Products we sell. You understand, however, that the statements on the Website, promotional materials and the Product have not been evaluated by the United States Food and Drug Administration, and the Product is not intended to diagnose, treat, cure or prevent any disease. The information provided by our Websites or this Company is not a substitute for a face-to-face consultation with your health care professional and should not be construed as individual medical advice. Individual results will vary.
    The Product is intended for use by persons at least 18 years of age. If you are pregnant, nursing or taking any medication, you represent and warrant that you either have consulted, or will consult, with a health care professional before taking the Product, and you will cease immediately taking the Product and will contact a health care professional if you experience any ill effects or unintended side effects of the Product.
    We want you to have the most accurate information concerning the Product. The information we communicate to you about the Product and/or its efficacy is obtained from independent third parties such as educational institutions, scientific and news articles and agencies, nutritional specialists, scientific reports and researchers (“Information Sources”). We do not warrant or represent that Information Sources are not error-free, nor do we warrant any Information Source or the methods that they use to arrive at their conclusions. All Product specifications, performance data and other information on our Websites are for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Product will conform to such specifications or performance data.
    We do not guarantee that you will have any specific or particular result or benefit from the Product, or that your experience will match those of others who use the Product. Individual results will vary from person to person.9. YOUR REPRESENTATIONS
    You represent that you are at least 18 years of age and that you will not permit a person under 18 to order, or use, the Product. You represent that the information provided by you when placing your order is up-to-date, materially accurate and sufficient for us to fulfill your order in a timely and efficient manner. You are responsible for maintaining and promptly updating your account information with us and keeping such information (and any passwords given to you for the purposes of accessing the Website and/or purchasing Products) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to the Product only extend to you on the understanding that you are a user, and not a reseller, of the Product. You shall not re-sell, re-distribute or export any Product that you order from the Website. You agree to pay for the Product and any taxes, shipping or handling of Product as such costs are specified by us on the Website when you submit your purchase order. Payment shall be made prior to delivery and by such methods as indicated on the Website (and not by any other means unless we have given our prior consent to such alternative payment methods).
    10. REJECTION, DAMAGE OR LOSS IN TRANSIT
    We shall not be liable and you shall not be entitled to reject Product delivery, except for damage to the Product or any part thereof occurring in transit (where the Product is carried by our own transport or by a carrier on our behalf), and where we are notified of such damage within five (5) business days of your receipt of the Product.
    11. LIABILITY LIMITATION
    TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT COMPANY WAS AWARE OR ADVSED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCTS YOU ORDERED. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. THE PRODUCTS ARE SOLD AND DELIVERED TO YOU “AS IS” WITH NO WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    12. INDEMNIFICATION
    You agree to defend, indemnify, and hold harmless Company, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your misuse of the Website, or your breach of any of these terms and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you.
    13. NOTICES
    Any notice or other communications arising in relation to this Agreement shall be given by sending an e-mail to the latest email address that one party has notified in writing to the other. info@ACMBRANDS.com In the case of sending notices to you, Company will use the email address you provided to Company when you ordered your Product. Such notices or communications (where properly addressed) shall be considered received on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of forty-eight (48) hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
    14. TERMINATION
    We reserve the right to terminate your access to or use of this Website and/or your subscription to the Product should we believe that you have violated any of the terms of this Agreement or if we believe you have sought, in bad faith, charge backs, credit backs, Product returns, discounts or any other conduct designed to injure, harass or disrupt this Website or the Company’s business operations.
    15. FRAUD
    We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Web Site order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
    16. SALES TAX
    If you purchase any Products available on our websites, you will be responsible for paying any sales tax indicated on the Web Site.
  2. INTELLECTUAL PROPERTY RIGHTS
    The Website, and all content appearing therein, are the sole and exclusive property of the Company or its licensors. No license or ownership rights in or to any content of the Website are conveyed to you by reason of this Agreement or your purchase of Product. The Website and its content are protected under the laws of copyright and trademark. Unless otherwise permitted by law, you may not copy, republish or transmit any portion of the Website without Company’s prior written consent. When you purchase or order any Product through this website or from Company, you expressly agree that your do not have any license for the resale of any Product and that the resale of Product is expressly prohibited.18. FOREIGN TRANSACTION FEES
    In some instances, billing for your product or shipping fee may originate from outside of the United Sates and in some occasions, your financial institution may charge a fee for processing this payment. You are responsible for these processing fees assessed by your financial institution per your card holder agreement.

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