Terms and Conditions Agreement
This Customer Agreement ("Agreement") is a contract between you and realsaunasuit.com ("Realsauna Company") and applies to your purchase of Realsauna Company’s products and to your use of the Realsauna Company’s "drop shipment" services (collectively the "Service") available through www.realsaunasuit.com. If you do not agree to be bound by the terms and conditions of this Agreement, you will not be permitted to make any purchases.
You must read, agree with, and accept all of the terms and conditions contained in this Agreement before you may become a customer of Realsauna Company.
In this Agreement, "you" or "your" means any person or entity using the drop-ship Service ("Customers"). Unless otherwise stated, "Realsauna Company," "we" or "our" will refer collectively to realsaunasuit.com
- Your status as a Drop-Ship Member: To become our Drop-Ship Member, you must be a registered approved member with realsaunasuit.com in order to use our Drop-Ship Services; you must first request for a signup form on our web site. Then, we will process your request within 2 business days. If your drop-ship application is approved you will then receive a login password to enter our drop-ship area in order to take advantage of our special drop-ship prices. There are no membership fees, no obligations or commitments to become our drop-ship member.
- Our status as your Drop-Shipper: As your drop-shipper, i.e. a company which ships your sales directly to end-users, we perform a valuable service, which involves, however, a higher degree of risk. Since we ship to third parties based on your orders, it is impossible for us to retrieve the shipped products in case of fraud. Therefore, we will not provide our Services to you unless you make assurances and guarantees contained below.
- Eligibility: Our Services are only available to persons that can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not available to minors (under 18), persons who are suspended from our Service, or to persons who present an unacceptable level of credit risk.
- Identity Authentication: In order to reduce online fraud Realsauna Company has the right to request a photocopy of your Driver's License and a copy of your Credit Card in order to verify your identity. You authorize Realsauna Company, directly or through third parties, to make any inquiries we consider necessary to validate your registration and verify your identity. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, Realsauna Company cannot and does not guarantee any user's identity.
- Purchase Order/Login and password protection/Indemnification:
(a) Any purchase of a product or Service can be made only after you log in into your "User Account" using your user email and password. You are responsible for the use and protection of user email and password.
(b) You understand and agree that all risk associated with unauthorized use of your log in and password are solely yours and agree to hold Realsauna Company harmless and free of any claims, liabilities, demands for reimbursement, credit card charge-backs, or causes of action relating to such unauthorized use.
(c) As a dropship member, all your dropship purchases are not eligible for any additional promotional price discounts offered by Realsauna Company such as Coupon Codes, and Percentage Discounts.
- Delivery according to the instructions: Generally, you make purchases that must be delivered to a third person (your customer). You hereby agree to waive any claim, objection, or a credit card chargeback based on the assertion that you did not receive the order or that the order is not in your dominion or control.
- Prepayment Refund: Realsauna Company retains the right, at any time and for any reason, to request, at their discretion, that the member provides a prepayment for order(s) in the form of bank transfer, direct deposit, money order or cashier's check. If the prepayment is done in the form of bank transfer or cash direct deposit a credit is applied to the account within 1 business day. (Both of these methods must be performed by an authorized bank teller) If the prepayment is done in the form of a money order or cashier's check it will take 7 to 10 business days for funds to clear and credit be applied to the account.
- Realsauna Company Liability: If Realsauna Company fails to fulfill their obligations, meaning that Realsauna Company is unable to send out merchandise in 5 business days after the funds have cleared and the order is canceled, Realsauna Company will issue a refund for the prepayment in the form of a company check that will be sent to the member via PayPal or Google payment service. In order to receive a refund in the form of a company check the Member must contact Realsauna Company and make such a request, otherwise an automatic store credit will be issued in the exact amount of the prepayment. The member has a time limit of 14 days from clearing date to request a refund of the funds.
- Member Liability: If a member requests a refund of the prepayment for any reason other than specified in the "Realsauna Company Liability" section, a refund will be issued in the form of a company check for the total amount of the prepayment less a processing fee of $15.00. A check will be sent out in 3 to 5 business days from the date a request is made. The member has a time limit of 14 days from clearing date to request a refund of the funds.
- Realsauna Company Privacy Policy:
- All private information provided to Realsauna Company is subject to our Privacy Policy.
- By using our services and accessing this website, you are in agreement with our Privacy Policies.
- Password and Security:
- You will receive a login password upon joining realsaunasuit.com, and you are responsible for maintaining the confidentiality of the password. By logging on to the website, you are agreeing to be fully responsible for all activities that occur under your password and account.
- You agree to (a) immediately notify Realsauna Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
- Realsauna Company is not liable for any loss or damage arising from your failure to comply with these terms of use.
- Prohibited Activities:
By using any Realsauna Company websites or accessing any information contained on any Realsauna Company website or system, you agree not to engage or assist in any of the following conduct:
- You CAN NOT violate any applicable local, state, national or international law, including, but not limited to, regulations declared by the Federal Trade Commission, and any regulations having the force of law.
- Collect or store personal data about other users of this Drop-Ship program
- Attempt to override or circumvent any of the usage rules embedded into Realsauna™ Sporting Goods websites.
- Infringe on any Realsauna Company trade names, trademarks, service marks or that of any third party without prior written prior consent.
- Use the names Realsauna™ Sauna Suit or any Realsauna Specialty Merchandise, the Realsauna logo or any other trademarks or trade names of Realsauna™ or its affiliates, or any confusingly similar names, in the conduct of any business, other than the business to promote the Realsauna™ product and image in a positive manner, in conjunction with the terms of being a wholesaler/reseller/drop-ship participant.
- Absolutely NO spiders, robots or otherwise harvesting other's email addresses or telephone numbers from any Realsauna Company site or server for purposes of sending unsolicited or unauthorized material.
- You will not engage in the spreading of spam mail, cyber robots, spiders, or computer viruses.
- You will not use Realsauna™ brand products to harm in any way adults or minors.
- You are solely responsible for whom you sell Realsauna™ brand products to.
- You will not engage in any unlawful or fraudulent activity using Realsauna™ brand products or its likeness. You agree to not bring about any legal litigations, judgments, or complaints against Realsauna™ for any reason. Your participation in the Realsauna™ Sporting Goods LLC (We-DropShip-Free) program is a personal choice, and any damage, loss, or injury associated with that choice is your sole responsible.
- You will not use any service marks, trademarks, or trade names associated with the Realsauna™ brand without written permission. You will not reproduce or attempt to reproduce any product associated with the Realsauna™ brand. The use of the Realsauna™ brand name is to only be used to promote the positive image of Realsauna™ and to sell authentic Realsauna™ products.
- You agree to conduct all business associated with the sell and promotion of Realsauna™ products in a lawful and ethical manner.
- You are solely responsible for any promises, guarantees, and content on your promotional website in regard to Realsauna™ products. You are responsible for maintaining your own website, promotions, collecting payments from your customers and creating your own terms and conditions associated with your own website.
- You are responsible for your own personal and business taxes.
- Realsauna Dropship Reseller clients shall be responsible for all chargebacks, all fraudlent claims as a result of any payment method used on Realsauna dropship website for any Dropship order processed. Such claims shall include but are not limited to credit card chargebacks, echecks unauthorized charges and the like. Note: Realsauna Dropship Reseller MUST NOT use their customer credit cards, check etc to directly process any dropship order from the Realsauna Dropship site. "www.Realsaunasuit.com". ALL DROPSHIP ORDERS MUST BE PROCESSED ON OUR SITE USING THE DROPSHIP ACCOUNT HOLDER'S PAYMENT MEDTHOD SUCH AS, CREDIT CARDS, PAYPAL, GOOGLE CHECKOUT, ETC.
Notice: Violation of any part of this agreement or any federal and state laws, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code, and Section 17538.45 of the California Business and Professions Code; will be subject to civil and criminal penalties.
- Legal Disputes. In the event any dispute arises between you and Realsauna Company in relation to this Agreement or any transaction relating thereto, all claims or actions, whether judicial, quasi-judicial, or administrative must be made in the Los Angeles County, State of California. You hereby expressly agree to submit to jurisdiction of the appropriate Los Angeles County court. If further agree that any claim or action against Realsauna Company may be prosecuted solely and exclusively in the County of Los Angeles, State of California.
- Attorney Fees. In case of any collection activity, dispute, litigation, claim, or action arising in relation to this Agreement, the prevailing party shall be entitled to compensation of reasonable attorney fees and costs of enforcement.
- General:
(a) This Agreement is governed by and interpreted under the laws of the state of California.
(b) If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
(c) Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
(d) Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
(e) This Agreement set forth the entire understanding between Customer and Realsauna Company with respect to the subject matter hereof.
DROP-SHIP RETURN POLICY:
We guarantee against manufacturers' defects for 14 days from the date of the purchase on all products except for items listed in the Exception Section. All returns/exchanges must be made within 14 days of purchase of the merchandise. Merchandise must be in original manufacture condition, and must include all original packaging materials, poly bags, warranty card, tags and accessories. Realsauna Company must be informed of the receipt of any defected product within 7 days of the delivery.
Defective Items: A customer must return merchandise within 14 days from the date of purchase with prior Return Merchandise Authorization number. If an exchange is not requested at the issuing time of the RMA and automatic store credit will be applied once merchandise is returned back to the warehouse. If the return has been received to our warehouse after 14 days from the original day of the purchase of the merchandise, it will be sent to the Member at their expense.
If the item is unwanted and was not open, this item may be returned to us per our "Unwanted Returns"; section.
- Items must be returned only with prior authorization. All items require Return Merchandize Authorization number “RMA#” before item can be accepted for returns.
All shipping and handling fees are non-refundable with an exception where Realsauna Company has made an error by shipping an incorrect item to the customer. In this case, drop-ship member must contact Realsauna Company to obtain a return label or request a merchandise pick up or shipping credit. Once item is returned back to Realsauna Company warehouse a correct replacement product will be shipped out, store credit or refund issued for the full amount of the order if the correct product is out of stock. Realsauna Company must be informed of the receipt of incorrect merchandise within 7 days of the delivery.
- Unwanted Returns: Unwanted product returns will be subject to a 25% restocking fee and must have a Return Merchandise Authorization number (RMA#). Merchandise must be in the unused condition only.
Refused Delivery: Returns falling under this category will be treated as “Unwanted Returns”, consequently they will be subject to a 25% restocking fee. The customer will also be responsible for the return shipping cost incurred by the action of refusing the delivery. Consequently, a store credit will be issued less 25% restocking fee of the value of the merchandise and less shipping and handling fees both ways.
Condition of all returned merchandise will be determined by Realsauna Company Quality Control Department. Merchandise that has been worn, stained, or torn due to negligence WILL NOT be accepted for refunds, but returned to buyer at buyer’s expense. Merchandise received and accepted in its original manufacturer condition for a refund is subject to a 25% restocking fee, refunds will be given less shipping and handling charges and restocking fee. For all refunds please return all merchandise in new condition, including all promotional items, otherwise you will be charged for items not returned.
- Items returned it is original manufacturer condition for even-exchange will NOT be subject to the restocking fee. NOTE: ALL EXCHANGES ARE SUBJECT TO ADDITIONAL SHIPPING AND HANDLING CHARGES. Your customer will be responsible for all fees and shipping costs to ship the item back to us. We will charge you or your customer an additional $13.00 to reship the exchanged item (Suit) back to your customer within United States. Cost of reshipment outside United States will be calculated accordingly.
All other reimbursements are done in the form of a company credit which can be used towards new orders. Member may request a refund back to the credit card in which case a 5% credit card processing fee will be deducted from the total amount of the refund. Refunds may take 3 to 5 business days to post back to the credit card.
Product Guarantee:
Realsauna Company does not imply or offer a lifetime guarantee on any of its products, nor do we guarantee how long the product will last during individual customer usage. The durability of REALSAUNA™ SAUNA SUIT will depend upon: whether or not a customer ordered the appropriate size to accommodate their weight and size, how well a customer takes proper care of the product, as suggested on tags and or labels, and whether a customer followed the care content instructions as provided with the product on tags and or labels. Realsauna will not replace, refund or be liable for any Realsauna product damaged due to negligence that is determined to be caused by the customer (third party) or “Buyer” (Drop-Ship Member).
Product Liability:
IMPORTANT PRODUCT LIABILITY WARNING NOTICE!!
As with any exercise product or program, CONSULT YOUR PHYSICIAN PRIOR TO USE!!!! Should you experience any discomfort associated with any type of allergic reaction
or dizziness during exercise or activity while using REALSAUNA SUIT OR SWEAT Creme, STOP immediately, REMOVE THE SUIT and consult with a physician or seek emergency medical assistance! Do NOT abuse this product. DO NOT USE THIS PRODUCT WITHOUT CONSULTING WITH YOUR PHYSICIAN PRIOR TO USE! DO NOT keep REALSAUNA SUIT on for more than 10 minutes! REALSAUNA PRODUCTS ARE NOT RECOMMENDED FOR CHILDREN OR FOR ANY PERSON UNDER 18 YEARS OF AGE! USE CAUTION WHEN USING THIS PRODUCT, DEHYDRATION CAN BE DANGEROUS IF THE BODY IS NOT CONSTANTLY RE-HYDRATED DURING WORKOUT. DO NOT USE THIS PRODUCT IN EXTREMELY HOT TEMPERATURES OR IN A SAUNA. Although this product has been proven effective in aiding with rapid weight loss, Realsauna Company does not guarantee any one persons results. Results are based solely on each individual and how much of an effort of physical exercise is put forth. Realsauna Company is not responsible for the misuse of this product and relinquishes all liability because of misuses that may result in personal injury or death! The use of this product is a personal choice, and should be used with caution and at your own risk. If you have any type of skin sensitivity to various plastics, vinyl, latex or other materials, this product is not recommended for you, and could cause an allergic reaction. DO NOT USE THIS PRODUCT WITHOUT CONSULTING WITH YOUR PHYSICIAN OR DERMATOLOGIST FIRST. Realsauna is not liable for any allergic reaction you may experience and the use of this product is a personal choice and is the consumers sole responsibility. Once this product has been worn or used, it cannot be returned for a refund for any reason due to the personal nature of its use. Although this product has not been found to cause any adverse effects or injury, ones own individual abuse or type of use could alter these findings, therefore Realsauna Company warns against misuse, and again relinquishes all liability.
