Terms of Sale

The following terms (“Terms of Sale”) govern purchases made by consumers on the benourished (“benourished”, “we”, “us”, “our”) website, available at www.benourished.com (the “Website”).  

Please review these Terms of Sale carefully. By proceeding to place an order, you agree to be bound by all the Terms of Sale set forth herein.  If you do not agree with these Terms of Sale, do not place an order on the Website.   A copy of these Terms of Sale may be downloaded, saved and printed for your reference.

ORDERING PROCESS

To place an order on the Website, you can register and create an account or you can place an order as a guest.  Receipt of your order will be confirmed via an automatic e-mail to the e-mail address associated with your account (or, if you are a guest, to the email address you provide to us when you place your order).  Such e-mail is a confirmation that your order has been received by benourished.

benourished reserves the right, at its sole discretion, to cancel or refuse any order for any reason.  Some situations that may result in your order being cancelled or refused are (i) limitations on quantities available for purchase; and (ii) inaccuracies or errors in product or pricing information.  We may also require additional verifications or information before accepting any order.  benourished will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.

If your order is cancelled after your credit card has been charged, we will issue a credit in the amount of your charge to your credit card. 

PRICES AND CURRENCY

The prices displayed on the Website are shown in Canadian dollars. Shipping and handling fees and taxes are listed, if applicable.  You are responsible for the payment of any shipping and handling charges and any federal or provincial taxes that may apply to your order.  These charges are added to the invoice price during the order process. 

PAYMENT METHOD

You may pay for your purchase using a credit card, Visa and MasterCard are accepted. You authorize benourished to charge the applicable card the amount of the invoice. You represent and warrant that you are the cardholder of the applicable card.  If your card is rejected by the card issuer, your order will not be shipped and benourished will have no obligation to fulfill your order. 

All billing and registration information provided by you to benourished must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Sale. 

CREDITS

If you have received friend credits from benourished, you can apply your credits towards your next purchase of a 3-day or longer cleanse product. Your total credits available will be listed prior to confirming your purchase and you may select the amount of credits that you would like to put towards your current purchase. Credits will expire twelve months post making the friend referral.  Please check the terms of your credit carefully for the applicable expiry date and details of products to which it can be applied.

AVAILABILITY AND DESCRIPTIONS

The purchase of products on the Website is subject to availability.  In the event that the product you request is not available at the time of your order, benourished will have no obligation to fulfill your order and you will have no obligation to pay benourished for the order.

Although we strive to update and keep accurate product and pricing information on the Website, errors and/or omissions may occur.  In the event that an item is listed at an incorrect price or with incorrect information, benourished shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item.  If an item is incorrectly priced, we will notify you of such cancellation.

PRODUCTS DISPLAYED ON THE WEBSITE MAY NOT BE AVAILABLE AT ALL TIMES AND PRODUCTS AND PRICES MAY BE CHANGED, AND PRODUCTS SUBSTITUTED OR DISCONTINUED AT ANY TIME.  WHILE WE ATTEMPT TO PROVIDE AN ACCURATE DESCRIPTION OF ITEMS AVAILABLE FOR PURCHASE ON THE WEBSITE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF SUCH DESCRIPTIONS.

QUANTITY LIMITS AND ITEMS FOR RESALE

benourished reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to you should such limits be applied.  benourished also reserves the right, at its sole discretion, to prohibit sales to dealers or resellers. 

PICK-UP/DELIVERY

You may choose to pick up your order at benourished’s retail location at 179 Avenue Road, Toronto.  We may also partner with other stores in the Greater Toronto Area for order pick-up, so please check the website for locations. benourished will also deliver products to local addresses within the Toronto area and the Greater Toronto Area.  Your order will be shipped to the delivery address specified by you during the order process.  benourished is not responsible for any loss of the products following shipment from benourished’s facilities to your delivery address.  

CANCELLATION/RETURNS

Except for any statutory rights of cancellation that you may have under applicable provincial consumer protection laws, once you place your order you cannot cancel it.  Products purchased cannot be returned or exchanged, and no refunds are provided, except for products that are damaged, spoiled or have been tampered with before delivery to you.  We therefore recommend that you select a smaller quantity or frequency for your first order of a new product. If you receive your order and any products appear to be damaged, spoiled or tampered with, please contact us promptly at the contact details set out below. 

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BENOURISHED DISCLAIMS ALL WARRANTIES WITH RESPECT TO ITS PRODUCTS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.  BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.  

APPLICABLE LAW

These Terms of Sale will be governed by the laws of the province of Ontario and the laws of Canada applicable therein unless the applicable laws of your province of residence require that the laws of such province govern, in which case, the laws of such province are to govern. The exclusive jurisdiction for any claim, action or dispute with benourished or relating in any way to your use of the Site or a purchase made on the Site will be in the courts of the province of Ontario unless required otherwise by applicable laws of your province of residence.   

GENERAL

These Terms of Sale constitute the entire agreement between you and benourished with respect to your purchase of products through the Website.  If any provision of these Terms of Sale is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced.  The delay or failure of benourished to act with respect to a breach of these Terms of Sale by you or others does not constitute a waiver and shall not limit benourished’s rights with respect to such breach or any subsequent breaches.  Benourished shall not be liable for any delay or failure to perform any of its obligations under these Terms of Sale if such delay or failure is due to causes beyond its control.  You may not assign these Terms of Sale to any third party without the prior written consent of benourished.  These Terms of Sale will be binding upon and will enure to the benefit of (i) you and your heirs, executor, administrator and other legal representatives; and (ii) benourished and its successors and assigns.  Notwithstanding any other provision of these Terms of Sale, any provision of these Terms of Sale that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Sale.

NOTICE

Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms of Sale, by posting notices or links to such notices on the Website itself.

You may contact benourished at: 

info@benourished.com or 647.349.4569
179 Avenue Road
Toronto, ON M5R 2J2

Last Update August 9, 2011.