PLEASE READ THESE ONLINE SHOP TERMS AND CONDITIONS VERY CAREFULLY. THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU AND PERFECT BAR, LLC, A DELAWARE LIMITED LIABILITY COMPANY (“PERFECT BAR”). BY CLICKING ON THE “I ACCEPT” BUTTON AND COMPLETING YOUR ORDER OF PERFECT BAR PRODUCTS (“PRODUCTS”), YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE “I ACCEPT” BUTTON AND ABANDON YOUR PURCHASE OF PRODUCTS.
ONLINE SHOP. This Agreement covers the terms of our sale and your purchase of Products through our online shop located at http://shop.perfectbar.com (“Online Shop” and with the Home Page and the Site, the “Website”).
CREDENTIALS. You are solely responsible for the supervision, management, and control of your login credentials. PERFECT BAR DOES NOT PROTECT YOU FROM UNAUTHORIZED USE OF YOUR CREDENTIALS. Any person using your login credentials is conclusively deemed to have actual authority to engage in transactions in the Online Shop, and, accordingly, all sales of Products made by a person using your credential are hereby authorized by you. You shall immediately notify Perfect Bar if you become aware of any unauthorized use of your credentials and we will thereafter suspend your account as soon as practicable.
PURCHASES. You are responsible for all Product purchases and amounts due under your login credentials. You are responsible for paying in full the purchase price for Products, the shipping and handling charges and any taxes due as more fully set forth in your Online Shop order.
SHIPPING INSTRUCTIONS. We will ship Products to the address you enter in our Online Shop order form using the shipping method you select.
PACKING AND HANDLING. All Products ordered by you shall be packed in accordance with our standard practices. We will not accept and cannot accommodate any special requests for custom containers, packing, crating, boxing or bundling.
RISK OF LOSS. All Products are shipped EXW and you shall bear the risk of loss upon our delivery of the Products to the common carrier at our shipping location. Any claims for loss, shortage or damage to the Products arising following our delivery to the common carrier should be submitted to the common carrier.
PAYMENTS. You hereby authorize Perfect Bar to charge the full purchase price for Products and the shipping and handling charges and taxes due as more fully set forth in your Online Shop order to the credit card or bank account you provided incident to the order. You assume all responsibility for notifying us of changes in credit card numbers and/or expiration dates or in any change in status of the applicable bank account, as the case may be. If your credit card is denied when charged or if an ACH or other debit to the depositary account is rejected, we may charge and collect from you a "bad account" fee of twenty five ($25.00) dollars for any declined or rejected transaction. You shall additionally be responsible for and shall immediately pay us, on demand, any payments that are made to us that are subject to a subsequent reversal. Questions regarding charges must be brought to the attention of Perfect Bar’s billing department within 90 days after the end of the questioned billing period. Charges beyond 90 days old are not subject to review, reversal or refund. YOU HEREBY REPRESENT AND WARRANT THAT (I) THE CREDIT CARD, DEBIT CARD OR BANK ACCOUNT INFORMATION SUPPLIED TO PERFECT BAR IS TRUE, CORRECT AND COMPLETE, (II) AMOUNTS DUE FROM YOU WILL BE HONORED BY YOUR BANK OR CREDIT CARD COMPANY, AND (III) YOU SHALL PAY FOR ALL YOUR PURCHASES ON THE ONLINE SHOP AT THE PRICES IN EFFECT AT THE TIME INCURRED. You remain solely responsible to pay for Product purchases following declination of your credit card, ACH transaction, eCheck or otherwise.
TAX. You shall be responsible for all sales, use and other taxes and all applicable duties, levies and export fees and similar charges imposed by any federal, state or local government entity with respect to your purchases of Products and authorize us to charge such due amounts in addition to the amounts set forth above.
PRODUCT WARRANTY. Perfect Bar hereby represents and warrants (the “Limited Warranty”) that the Products shall conform to their applicable FDA food label, and be fit for human consumption for the shorter period of (i) 9 months from production date if continuously refrigerated following delivery, or (ii) two weeks from the date of first removal from refrigeration following delivery, if not continuously refrigerated (as applicable, the “Warranty Period”). PERFECT BAR HEREBY DISCLAIMS ALL OTHER WARRANTIES REGARDING THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
LIMITED LIABILITY. PERFECT BAR’S LIABILITY TO YOU IS LIMITED. Perfect Bar will, as its sole liability and as your sole remedy for such failure, replace or refund the full purchase price of any Product that fails to meet the Limited Warranty during the applicable Warranty Period. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PERFECT BAR BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THE LIMITED WARRANTY AND THE REPLACEMENT OR REFUND OF THE PURCHASE PRICE PAID FOR ANY PRODUCT SHALL BE YOUR SOLE REMEDY FOR ANY SUCH FAILURE AND PERFECT BAR’S SOLE LIABILITY IN SUCH EVENT.
SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
MODIFICATIONS. Perfect Bar may, in its sole discretion and without prior notice, (a) revise this Agreement; (b) modify the ingredients of any Products; and (c) discontinue the Website or any Products at any time. Perfect Bar shall post any revision to this Agreement to the Website, and the revision shall be effective immediately on such posting. You agree to review this Agreement and other online policies posted on the Website periodically to be aware of any revisions. You agree that, by continuing to use or access the Website following notice of any revision, you shall abide by any such revision.
ACKNOWLEDGEMENT. BY CLICKING ON THE “I ACCEPT” BUTTON AND COMPLETING YOUR PURCHASE IN OUR ONLINE SHOP, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE ENTER INTO AND BE BOUND BY IT.
Date of Last Revision: 8/20/2015
B. What information of yours we collect
We collect nonpublic personal information about you from the following sources:
* Information we receive when you shop in our Online Shop, such as your Online Shop login information, your name, shipping address, e-mail address, phone number, your payment method and your choice of Perfect Bar products;
* Information you submit when you communicate with us through our Contact-Us form on the Website, including, your name, address, e-mail address, phone number and any personal information you provide in your comments, or when you otherwise communicate with us through the Website;
* Information we receive from your use of our Website, the Internet address (IP address) of the computer or device you use to access the Website and the type of browser you use; and
C. How your information is used
We use nonpublic personal information we collect about you in order:
* To process and fulfill your order for our Perfect Bar products placed on the Online Shop;
* To respond to your requests, and contact you regarding any comments or questions you may have, to make you aware of our additional Perfect Bar products or to contact you regarding Website changes;
* In the aggregate, to help us determine what is most beneficial for our customers, and how we can continually create a better online shopping experience for you;
D. With whom your information may be shared
We share your nonpublic personal information:
* With our service providers that perform functions on our behalf, such as, providing marketing assistance, and providing customer service. These service providers will have access to your personal information as necessary to perform their functions, but they may not share that information with any third party;
* With our product fulfillment partners, to enable them to complete your purchase of Perfect Bar products you purchase through our Online Shop;
* In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us, in our sole discretion;
* If Perfect Bar (or substantially all of our assets) is acquired, your information would be transferred along with the other business assets as permitted by law. We may also disclose nonpublic personal information about you to nonaffiliated third parties as permitted by law.
E. Your choices regarding the collection, use and distribution of your information
You have the option of setting your browser to reject cookies. However, doing this may hinder performance and negatively impact your experience on our Website. You additionally have the option of opting out of any further communications from Perfect Bar by contacting us through the Website or via email and requesting to be removed from our mailing list. Perfect Bar allows you to submit comments and questions through the Website. Any such comments and feedback that are submitted through the Website becomes the property of Perfect Bar. We may use this feedback, for marketing purposes, or to contact you for further feedback on our Perfect Bar products.
F. Contacting us about your privacy
If, at any time, you have questions or concerns about Perfect Bar’ privacy commitment, please feel free to email us at support@PerfectBar.com to contact one of our representatives.
Children are not eligible to register for an account on our Online Shop. We ask that minors (under the age of 18) do not submit any personal information to us or attempt to register on our Online Shop under any circumstance.
Should you receive a product that is damaged or not in optimal condition, please contact our Customer Service department by calling 866-628-8548 or send us an email via this form. Please DO NOT return any food product without contacting us first for specific information regarding the return process.
Our mailing address is:
3931 Sorrento Valley Blvd
San Diego CA 92121