Terms and Conditions

1. SCOPE & APPLICATION

• 1.1 You agree and accept the Conditions set forth herein unconditionally as a binding contract ("the Agreement") enforceable by law. The following are the terms and conditions of participation in the use of or any purchase of Product on this Site; all such references to Products combined shall be ("Product"). "Customer," "I", "You," or "Your" refers to you. "Site" means this World Wide Website located at the URL  ("We," "https://vigourmoves.com/s/choless Us," or "Our") reserves the right to amend this Agreement from time to time. It is agreed that any such amendment will apply to the Customer.https://vigourmoves.com/s/choless agrees to inform the Customer of any amendment to the agreement. Should Customer fail to object to any amendment to the Agreement within one week, such failure shall serve as an acceptance of the amendment.

2. PRODUCT AND BILLING

• 2.1 All product purchases made from this website must be paid in full.
  • 2.1.1. The prices for the products are as indicated on the website and are subject to change at any time.
• 2.2
  • 2.2.1 You authorize us to initiate a one-time charge to your credit card as indicated upon your purchase.
  • 2.2.2 Your product will ship within 24 hours and usually arrive within 5-7 business days. If your product does not arrive within time, please call customer service to address the delay. Although we always strive to make our deliveries as timely as possible, circumstances may arise outside of our control, such as inclement weather, natural disasters, or other postal delays, which may impede the timely arrival of your product. You agree we are not liable for such delays.
• 2.3 please get in touch with Customer Service at support@vigourmoves.com between 9 AM and 5 PM MST Monday through Friday with any questions regarding your product, payment, or return.

3. RETURNS, CANCELLATION, AND REFUND POLICY REFUND POLICY.

• 3.1 To be considered for a refund, you must call Customer Service at support@vigourmoves.com before any arrangements are made to issue one. We require that you agree to return the product you received to receive a full refund for any transaction. Refunds will only be offered for up to 60 days from the purchase date; any transaction before that shall not be considered for a refund.
• 3.2 Persons with a medical condition who are pregnant or have reason to believe they may become pregnant in the next 60 days should not order this product. Refund requests will not be accepted, and refunds will not be given for these reasons. You must consult a physician before placing an order if you are unsure whether you can take this product.
• 3.3 All returns are subject to a restocking fee. Accordingly, all products have an 8.95 restocking fee per item if returned unopened and in good condition.

4. DISPUTE RESOLUTION

• 4.1 If you have any dispute concerning any aspect of these Terms of Website Use, the Website, or any of our services, you agree to submit your dispute for resolution by arbitration before the American Arbitration Association ("AAA") in the county where you live by filing a Demand for Arbitration. The arbitrator will have exclusive authority to resolve any dispute, including any claim that all or any part of these Terms of Website Use are unenforceable.
• 4.2 Opt-Out of Arbitration/Class Action Waiver. The Terms & Conditions do not constitute a waiver of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision prevents you from bringing, joining, or participating in class action lawsuits, an independent agreement.
• 4.3 YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THESE DISPUTE RESOLUTION PROVISIONS, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN, OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT OR MULTI-PARTY ARBITRATION BROUGHT AGAINST US, ANY PERSON RELATED TO US OR A SERVICE PROVIDER USED BY US TO PROVIDE THE SERVICE.
• 4.4 You agree to indemnify for any financial harm or any losses caused by Your objections to fees that do not comply with this Section. You will be held responsible for reimbursing any fees and losses incurred due to Your failure to comply with any provision in this Agreement.
• 4.5 Credit Card Billing Customer expressly agrees that if Customer pays by credit card, check, or demand debit, Customer shall abide by the following statement: "I hereby authorize to initiate debit/credit entries to my bank deposit account or credit card."

5. OFFER, ACKNOWLEDGMENT AND ACCEPTANCE

• 5.1 While we make every effort to ensure that items appearing on the Site are available, we cannot guarantee that all items are in stock or immediately available when you submit your order. We may reject your order (without liability) if we cannot process or fulfill it. If this is the case, we will refund any prior payment you made for that item.
• 5.2 An order submitted by You constitutes an offer by You to Us to purchase a product on these Conditions and is subject to Our subsequent acceptance.
• 5.3 Before such acceptance, an automatic e-mail acknowledgment of Your order may be generated. Please note that any such automatic acknowledgment does not constitute a formal acceptance of Your order.
• 5.4 Our acceptance of Your order takes effect, and the contract concludes when such offer is expressly accepted by Us dispatching Your order and accepting Your credit card or other payment ("Acceptance").
• 5.5 We may keep records of orders received, acknowledgments, acceptances, and other contract records for a reasonable period after Acceptance. We may be able to provide You with copies on written request; however, You must make sure you print a copy of all such documents and these Conditions for your records.

6. YOUR REPRESENTATIONS

• 6.1 You represent that the information you provided when placing your order is up-to-date, materially accurate, and sufficient for us to fulfill your order. You are responsible for maintaining and promptly updating Your account information with Us for accuracy and completeness. Keep such information (and any passwords you give to access the Site and purchase Products) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided about Your purchase only extend to You on the understanding that You are a user and not a reseller of the Product.
• 6.2 You should never assume any warranty, commitment, or any other obligation on Our behalf or behalf of a Product manufacturer, license, or supplier without Our express prior written consent.
• 6.3 PRICE AND TERMS OF PAYMENT (NOTE: WE CAN NOT CONFIRM PRICES BEFORE ACCEPTANCE OF YOUR ORDER)
• 6.4 Prices payable for the Product are those in effect at the time of dispatch or delivery unless otherwise expressly agreed. Prices may be indicated on the Site or an order acknowledgment, but the authoritative price, in the event of any discrepancy, is the price notified to You upon Our Acceptance.
• 6.5 We have the right at any time before Our Acceptance to withdraw any discount or to revise prices to take into account increases in costs, including (without limitation) costs of any materials, carriage, labor, or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. We also reserve the right to notify you of product descriptions or pricing mistakes before product dispatch. If you continue fulfilling the order, you acknowledge that the product or service will receive a revised description or corrected price.
• 6.6 The places we deliver to are listed on the Site ("Territory"). Unless otherwise specified, prices quoted are exclusive of the costs of shipping or carriage to the agreed place of delivery within the Territory (charges for which are stated on the Site) and exclusive of VAT and any other tax or duty which (where applicable) must be added to the price payable.
• 6.7 You agree to pay for taxes, shipping, or carriage of Products as such costs are specified by Us on the Site when You submit Your purchase order. Payment shall be made before delivery using the methods indicated on the Site.
• 6.8 Except as expressly provided elsewhere in these Conditions or the Site, payment may be taken in full, notwithstanding any claim for short delivery or defects.
• 6.9 We will charge credit or debit cards on dispatch of the Product or commencement of Services. We reserve the right to verify credit or debit card payments before Acceptance.
• 6.10 If you fail to pay any amount due on the relevant due date, or we cannot collect payment due because of lack of funds or canceled credit card, We may by notice declare all amounts unpaid at that date to be immediately due and payable. Without our written consent, no counterclaim or set-off may be deducted from any payment. We may also take action against you for the price of products at any time after payment has become due, even though property in those products may not yet have been passed on to you.

7. TERMINATION

• 7.1 If You commit an act of bankruptcy or enter into a deed of arrangement with creditors or a court order for winding-up is made against You or You take or suffer any similar action in consequence of debt, or We have cause to believe that You are unable to pay Your debts as they fall due; or You fail to pay any amount by the due date or breach any of these Conditions then, without prejudice to any of our other rights, we may:
  • 7.1.1 Stop any Products in transit and
  • 7.1.2 Suspend further Product deliveries; and/or
  • 7.1.3 Stop or suspend the provision of Services and
  • 7.1.4 By written notice, terminate Your order and all other contracts between Us and You.

8. DELIVERY AND RISK

• 8.1 Delivery timescales/dates specified on the Site, in any order acknowledgment, acceptance, or elsewhere, are estimates only. While We endeavor to meet such timescales or dates, We do not undertake to dispatch Products and commence Services by a particular date and shall not be liable to You for delays or failure. IF OUR PRODUCTS FAIL TO ARRIVE IN THE ESTIMATED DELIVERY TIME OF 5-7 BUSINESS DAYS, PLEASE GET IN TOUCH WITH OUR CUSTOMER SERVICE LINE AND LET THEM KNOW.
• 8.2 Delivery shall be to a valid address within the Territory submitted by You and subject to Acceptance ("Delivery Address"). You must check the Delivery Address on any acknowledgment or acceptance We provide and notify Us without delay of errors or omissions. We reserve the right to charge You for any extra costs arising from changes You make to the Delivery Address after You submit an order.
• 8.3 If You refuse or fail to take delivery of Products provided by these Conditions, any risk of loss or damage to the Products shall nonetheless pass without prejudice to any other rights or remedies. We have:
  • 8.3.1 We shall be entitled to immediate payment in full for the Products or Services delivered and either to effect delivery by whatever means We consider appropriate or to store Products at Your risk;
  • 8.3.2 You shall be liable to pay on demand all costs of Product storage and any additional costs incurred as a result of such refusal or failure to take delivery and
  • 8.3.3 We shall be entitled 30 days after the agreed delivery date to dispose of Products in such manner as We determine and may set off any proceeds of sale against any sums due from You.
• 8.4 Except to the extent required as a result of any mandatory rights You have as a consumer under applicable law, You shall not be entitled to reject the Products in whole or in part because of short delivery. You shall pay in full, notwithstanding short delivery or non-delivery, unless you notify us in writing of any claim within seven days of the latest date of receipt of the relevant invoice or delivery, whereupon you shall pay for the quantity delivered.
• 8.5 Where We deliver Products in installments, each installment constitutes a separate contract. Any defect in any one or more installments shall not entitle You to repudiate the contract or cancel any subsequent installment.
• 8.6 Save as otherwise provided in these Conditions, risk of loss of or damage to the Products passes to You on delivery or when placed in your possession or that of any carrier or transport provided by You, whichever shall occur first.

9. REJECTION, DAMAGE OR LOSS IN TRANSIT

• 9.1 Except as set out above and subject to any rights You have under applicable law that cannot be excluded or limited by these Conditions:
  • 9.1.1 We shall not be liable, and You shall not be entitled to reject Products or Services, except for (a) damage to or loss of Products or any part thereof in transit (where the Products are carried by Our transport or by a carrier on Our behalf) where notified to Us within five working days of receipt of the Products; (b) defects in Products (not being defects caused by any act, neglect or default on your part) notified in writing to Us within 30 days of receipt of the Products; and (c) defective performance of Services (not being defects caused by any act, neglect or default on Your part) where notified in writing to Us within five days of such defect becoming apparent.
  • 9.1.2 We shall not be liable for any damage or losses arising from using the Products in connection with other defective or unsuitable Products. Your negligence; improper use or use in any manner inconsistent with the manufacturer's specifications or instructions.
  • 9.1.3 Where there is a shortage or failure to deliver, or any defect in or damage to a Product or Service, We may at our option: (a) (in the case of Product shortage or non-delivery) make good any such shortage or non-delivery; and (b) in the case of failure to perform or defective performance of a Service, make good such failure or defective performance; and (c) in the case of damage or any defect(s) in the Product and by any applicable Returns Policy: (i) replace or repair the Product upon You returning the Product; or (ii) refund the price paid in respect of any Products found to be damaged or defective.

10. LIABILITY LIMITATION

• 10.1 TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE (1) 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 AND THAT ARE MOST CLOSELY RELATED TO YOUR DAMAGES AND (2) WE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER.
• 10.2 https://vigourmoves.com/s/choless, in its sole discretion, shall not be liable for a chance occurrence or unavoidable or uncontrollable accident beyond either party's control that prevents our ability to fulfill obligations under the contract.

11. THIRD PARTY RIGHTS

• 11.1 You shall indemnify Us against any liabilities, claims, and costs incurred by or made against Us as a direct or indirect result of us performing Services or carrying out any work on or to the Products where this has been done to Your (or Your representative's) specific requirements or specifications causing an infringement or alleged infringement of any proprietary rights of any third party.
• 11.2 To the fullest extent permitted by law, we shall have no liability to You if the Products or Services infringe or are alleged to infringe the proprietary rights of any third party. Suppose the Products are or may be the subject of a patent, copyright, database right, registered design, trademark, or other rights of any third party. In that case, you should refer to the relevant terms for the product manufacturer and licensor/owner. We shall be obliged to transfer to You only such right or title as we have

12. WARRANTY "AS IS" IN GENERAL - WITHOUT REGARD TO SEPARATE WARRANTY STATEMENTS PACKAGED BY THE MANUFACTURER WITH THE PRODUCTS.

• 12.1 All Product specifications, illustrations, drawings, particulars, dimensions, performance data, and other information on the Site or made available by Us are intended to represent no more than a general illustration of the Products and do not constitute a warranty or representation by us that the Products will conform with the same. You must refer to the manufacturer's specifications or warranty documentation to determine your rights and remedies.
• 12.2 You will benefit from the manufacturer's, licensor's, or supplier's warranty with the Products supplied and should refer to the relevant documentation supplied with the Product in this regard.
• 12.3 Your rights of repair or replacement of any Products or any part or parts thereof which are found to be defective will (except where agreed otherwise) be negated or rendered void where:
  • 12.3.1 Products have been repaired or altered by persons other than the manufacturer, us, or any authorized dealer, and
  • 12.3.2 Defective Products or Products have not been returned together with full details in writing of the alleged defects within 30 days from the date on which such Products were delivered and
  • 12.3.3 Defects are due (wholly or partially) to mistreatment, improper use or storage maintenance or installation, or failure to observe any manufacturers' instructions or other directions issued or made available by us concerning the delivered Products.
• 12.4 EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION 12, 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. THESE CONDITIONS STATE YOUR SOLE AND EXCLUSIVE REMEDIES.

13. CONSENTS, CUSTOMS DUTIES & EXPORT

• 13.1 By clicking “ORDER NOW,” I agree to receive text messages from https://vigourmoves.com/s/choless and business partners. I provide my signature expressly consenting to the charges from https://vigourmoves.com/s/choless or its business partners at the number I provided regarding products or services via a live, automated, or prerecorded telephone call, text message, or email. I understand that my telephone company may impose charges on me for these contacts, and I am not required to enter into this agreement as a condition of purchasing property, goods, or services. I understand that I can revoke this consent at any time. Terms & conditions/privacy policy apply. For SMS campaigns: Text STOP to cancel and HELP for help. Msg & data rates may apply. Recurring messages up to 9 messages per month.
• 13.2 If any license or consent of any government or other authority is required for the acquisition, carriage, or use of the Products by You, You shall obtain such license or consent at your own expense and, if necessary, produce evidence to us on demand. Failure to do so shall not entitle you to withhold or delay price payment. You shall meet any additional expenses or charges incurred by us resulting from such failure.
• 13.3 Products licensed or sold to you under these Conditions may be subject to export control laws and regulations in the Territory or other relevant jurisdiction where You take delivery or use them. You shall be responsible for complying with those laws and will not do anything to breach them.
• 13.4 Items entering the European Economic Area (EEA) from outside over a certain value may be subject to customs charges (e.g., where costs exceed your import allowance). You may be subject to customs charges, import duties, and taxes levied when the Product reaches Your specified destination. You must meet any additional charges for customs clearance, import duties, or taxes since We have no control over these charges. You should contact the local customs office in the relevant jurisdiction for further information on customs policies or duties.

14. NOTICES

• 14.1 Any notice or other communications about Our contract may be given by sending the same by hand delivery, pre-paid post, fax, or e-mail to the latest address and contact that one party has notified in writing to the other. This will also be the address for service of legal proceedings in the manner prescribed by law. Except as set out above about the cancellation of consumer orders, such notices or communications (where properly addressed) shall be considered received:
  • 14.1.1 About hand delivery, on the date of delivery at the relevant address (or, if this is not a working date, the first working date thereafter);
  • 14.1.2 If posted five working days after the date of posting;
  • 14.1.3 If sent by email, 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 48 hours after transmission, provided that the sender has not received notification of unsuccessful transmission.

15. PERSONAL INFORMATION AND YOUR PRIVACY

• 15.1 We will observe applicable data protection laws. We will not use information that does or can be used to personally identify You ("Personal Data") other than as set out in Our Privacy Policy ("Privacy Policy"). By submitting Your Data about Your order, You consent to such Personal Data being processed to fulfill Your order and by such Privacy Statement.

16. GENERAL

• 16.1 You shall not assign, transfer, charge, or make over or purport to assign a transfer charge to make over Your rights under these Conditions. Any purported assignment shall be null and void.
• 16.2 We shall not be liable to You nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of Us being prevented, hindered or delayed in the performance because of any circumstances beyond Our reasonable control, including (but not limited to) any act of God, war, terror, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labor disturbance, breakdown of plant or machinery, interruption in the supply of power, Internet communications, or materials and in such event we may elect to cancel Your order and refund any payments made.
• 16.3 You acknowledge that these Conditions supersede and cancel all previous contracts, agreements, and working arrangements, whether oral or written, express or implied, between us. These Conditions prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom, or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted. To the fullest extent permitted under applicable law, We reserve the right to modify these Conditions without prior written notice to You with effect for the future, subject to Your right to reject, by way of written notice, our modifications to these Conditions concerning any orders for which Acceptance, but not yet fulfillment, has occurred.
• 16.4 No relaxation, forbearance, delay, or indulgence by either You or Us in enforcing any of these Conditions or granting time by either party to the other shall prejudice or restrict such rights and powers.
• 16.5 No waiver of any term or condition of these Conditions shall be effective unless made in writing and signed by Us. The waiver of any breach of any Condition shall not be construed as a waiver of any subsequent breach or condition.
• 16.6 If, for any reason, We determine or a court of competent jurisdiction finds that any provision or portion of these Conditions to be illegal, unenforceable, or invalid under applicable law in a particular jurisdiction:
  • 16.6.1 These Conditions will not be affected in other jurisdictions to the extent that such determination or finding has no application and
  • 16.6.2 In the relevant jurisdiction, the remainder of these Conditions (to the fullest extent permitted by law) will continue in full force and effect.
• 16.7 I also acknowledge that I understand that by placing my order with https://vigourmoves.com/s/choless, I am subject to these terms and conditions of sale.

17. GOVERNING LAW

• 17.1 US Law shall govern the construction, validity, and performance of these Conditions. You agree to submit to the exclusive jurisdiction of the US Courts in the event of legal proceedings arising from any dispute. The language of any dispute resolution procedure or any proceedings will be English.