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Conditions of UseTERMS & CONDITIONS Conditions of Use Welcome to the Higher Self™ Web site. By using the Higher Self Web site YOU AGREE TO BE BOUND BY ITS CONDITIONS OF USE (explained below), LEGAL NOTICES, PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on the Higher Self Web site. The policies of Higher Self retail stores may differ substantially from those applicable to your use of the Higher Self Web site. References to Higher Self herein refer to Higher Self Gifts, Cafe Zen Inc., HigherSelfGifts.com, or their affiliates, subsidiaries and designees as deemed appropriate by Higher Self. Higher Self reserves the right to make changes to the Higher Self Web site and its Conditions of Use and Legal Notices at any time. Each time you use the Higher Self Web site, you should visit and review the then current Conditions of Use, Legal Notices and Privacy Policy that apply to your transactions and use of this site. If you are dissatisfied with the Higher Self Web site, its content or Conditions of Use and Legal Notices, you agree that your sole and exclusive remedy is to discontinue using the Higher Self Web site. Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited. Disclaimers and Limitation of Liability By using the Higher Self Web site, you expressly agree that use of the Higher Self Web site is at your sole risk. The Higher Self Web site is provided on an "AS IS" and "as available" basis. Neither Higher Self nor its parent company, affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the Higher Self Web site will be uninterrupted or error-free. Neither Higher Self nor its Associates warrant the accuracy, integrity or completeness of the content provided on the Higher Self Web site or the products or services offered for sale on the Higher Self Web site. Further, Higher Self makes no representation that content provided on the Higher Self site is applicable to, or appropriate for use in, locations outside of the United States. Higher Self and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by Higher Self or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you. Under no circumstances shall Higher Self or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the Higher Self Web site, including but not limited to reliance by you on any information obtained from the Higher Self Web site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Higher Self has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the Higher Self Web site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Intended for Users Over 13 The Higher Self Web site is intended for use by individuals 13 years of age or older. The Higher Self Web site is not directed to use by children under the age of 13. Users under the age of 13 should get the assistance of a parent or guardian to use this site. Product Display/Colors The Higher Self Web site attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using. Errors on Our Site Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Higher Self reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Higher Self will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with Higher Self's Return Policy. Pricing Policy Online prices and selection generally match those in our stores, but may vary. Prices and offers are subject to change. Online Price Guarantee We will refund 100% of the difference if a price on HigherSelfGifts.com is reduced within 30 days of the shipping, pickup or special delivery date. You may receive the lower price only by calling 1-727-329-6488. We will honor the lower price only if it is displayed on our Web site when you notify us. Exclusions apply. Sales Tax Policy Because Higher Self does business throughout the United States and collects and remits sales tax as required by law, the Higher Self Web site also collects and remits sales tax as appropriate. If you have tax-exempt status, call (727)-329-6488. You will be required to provide your state tax-exempt certification prior to purchase. Please note: Higher Self reserves the right not to sell to resellers. Paying for Your Order You may pay for your orders with our electronic Digital Gift Certificate and with major credit cards issued in the United States of America. Currently, we accept Visa®, MasterCard®, American Express® and Discover® Card. Generally, credit and debit card are not charged until we ship the item(s) to you. However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. Please contact your credit card issuer for more information. If you ordered a special delivery item, you will be charged once a delivery time is confirmed. For digitally delivered orders, your credit or debit card will be charged at the time that you initiate the download of the product. Using Digital Gift Certificates Digital Gift Certificates, unlike credit or debit cards, are debited at the time an order is placed. Digital Gift Certificates will automatically be redeemed to purchase totals, up to the total purchase amount. Digital Gift Certificates must be used prior to their noted expiration date and within a single transaction. Coupon cannot be replaced if it is lost, stolen, deleted, or if you cancel or return your purchase. In the event of a reduction in price below the coupon value, the excess value of the coupon will not be refunded. Validating Your Order After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card. Order Acceptance/Confirmation Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Higher Self Web site reserves the right at any time after receipt of your order to accept or decline your order for any reason. Return Policy All sales made through the Higher Self Web site are subject to Higher Self's return policy. Higher Self reserves the right to charge a 15% restocking fee on all returns of items that are not defective. Order Limitations We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order. Order Limitations/Limited Quantities Higher Self may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. Higher Self also reserves the right to reject any order you place with us. These restrictions may include orders placed by the same Higher Self Web site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. Higher Self reserves the right to limit or prohibit sales to dealers. Shipping All orders placed on this site are subject to product availability and will be shipped according to Higher Self's shipping policies. In the rare event that your order never arrives, notification of lost items must be received within 60 days from receipt of the shipping confirmation e-mail. Termination of Use Higher Self may, in its sole discretion, terminate your account or your use of the Higher Self Web site at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. Higher Self reserves the right to change, suspend, or discontinue all or any aspects of the Higher Self Web site at any time without prior notice.  |
