TERMS AND CONDITIONS OF USE
Rainmaker Europe, Ltd.
CAREFULLY READ AND UNDERSTAND THESE TERMS BEFORE ORDERING ANY PRODUCT THROUGH THIS WEBSITE
ATTENTION: This is a legal agreement (the "Agreement") between You, the individual, company or organization ("you," "your," or "Customer") and Rainmaker Europe, Ltd. ("we," "our" or "Company").
By ordering, accessing, using or purchasing KenzaPure ("Product") through this website or related websites (collectively the "Website"), you are agreeing to be bound by, and are becoming
a party to, this Agreement. We may at our sole and absolute discretion change, add, modify, or delete portions of this Agreement at any time without notice. It is your sole responsibility to review this
Agreement for changes prior to use of the Website or purchase of the Product.
IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE WEBSITE
1. ORDER TERMS AND CONDITIONS
By placing your order today you'll be shipped a 30 day supply of KenzaPure
and billed only R 39 shipping and handling. If you feel KenzaPure is not for you, cancel within 26 days.
On day 27 you will be billed the remaining purchase price of R 684.99 and enrolled in the Exclusive KenzaPure auto-shipment program which sends you a 1 month supply
every 30 days starting 30 days from delivery of the initial order and bills you R 684.99 plus shipping and handling of R 39. To cancel at any time
call +27-875502437 or for more information please visit mykenzapure.com. Please note that all charges will appear from Rainmaker Europe, Ltd., the Third Party Merchant of Record, and will be paid in current USD rates.
2. CONDITIONS OF AGREEMENT
These terms and conditions apply to ALL transactions made on or through this Website. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act.
You manifest your agreement to the terms and conditions in this document by any act demonstrating your assent thereto, including clicking any button containing the words "Order Now"
or similar syntax, or by merely accessing the Website, whether you have read these terms or not. It is suggested that you print this form for your personal records.
These terms and conditions apply to ALL transactions made on or through this Website. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act.
You manifest your agreement to the terms and conditions in this document by any act demonstrating your assent thereto, including clicking any button containing the words "Order Now" or similar syntax, o
r by merely accessing the Website, whether you have read these terms or not. It is suggested that you print this form for your personal records.
By placing an order with us, you will be deemed to have read, understood, and agreed to these Terms and Conditions of Use (collectively, "Terms"). If you do not agree to be bound by these Terms, you may
not access or use the Website, or purchase any Product(s) through the Website. By accessing, using or ordering Product(s) through the Website, you affirm that you have read this Agreement and understand,
agree and consent to all Terms contained herein.
4. TEMPORARY PRICE REDUCTION
For your convenience and benefit, Rainmaker Europe, Ltd. may temporarily reduce the price of your order for promotional purposes, or to ensure that your purchase order transaction is capable of
being processed by your credit card company or processor. If Rainmaker Europe, Ltd. reduces the price of the Product as described herein, you will be billed at the reduced price until the promotional
period ends or Rainmaker Europe, Ltd. is assured of payment by your credit card company or its processor, after which time the Product price will be restored to its usual price, without prior notice to you.
If your order is processed at the reduced price a new billing cycle will begin from the date of the new payment processing.
5. 26-DAY INTRODUCTORY ORDER PERIOD
If you are unsatisfied with KenzaPure for any reason, simply cancel your order by contacting our Customer Care department at +27-875502437 or please visit us online at
mykenzapure.com before your 26 Day Order Period expires. If you cancel within the 26 day order period you will not be charged for the 30 day supply you received during the 26 Day Introductory Order
6. REFUND POLICY (Applicable to all Products Ordered from Company)
To return a Product for an exchange due to shipping damage you will need to obtain a Return Merchandize Authorization ("RMA") number by contacting the Customer Care Department at
+27-875502437 . An RMA number can ONLY be obtained by contacting the Customer Care Department by phone.
We cannot process or exchange Product marked "Return to Sender."
To ensure that your account is correctly noted, you must send back Product returns to the address provided below along with your RMA number. The RMA number must be clearly written on the package that
you are sending back. Our shipping department is NOT allowed to accept any packages without an RMA number. To return any product you must first contact our customer support at +27-875502437 ,
We are not responsible for lost or stolen items. We recommend all returned items to be sent using some type of third party delivery confirmation system to ensure proper delivery.
7. SHIPPING TERMS
When we ship the Product to you, our Standard service is shipped via Federal Express, DHL or another carrier of choice. Delivery times vary by product destination. Please note that shipments are not sent out on Saturdays, Sundays, or any Holidays. We do not guarantee arrival dates or times. We do not refund or credit shipping charges for any monthly shipments.
7.1 How to Alter Your Shipping
Please contact our Customer Care Department available at +27-875502437 to help you alter your delivery schedule if you need to modify the automatic 30 day delivery schedule.
7.2 International Restrictions - Shipping, Import, and Customs Issues
Important Notice: Customs, in rare instances, may confiscate shipments containing locally prohibited products from getting through to their respective countries. In the rare case in which your shipment is confiscated, we accept no financial responsibility, and therefore will not offer any refunds for your order. Additionally, we are not responsible for packages once they have left our shipping facility. Refunds or replacements will not be granted for errors due to the delivery system chosen for shipment of your order.
It is the customer's responsibility to make sure that they are allowed to import nutritional supplements from the U.S. into their respective countries. If Customs officials in your country return your order to us, either because you did not have permission to import such supplements or because such supplements are banned in your country, you must contact us for a refund of your purchase price. Please check with your country's Customs regulations to make sure that you are permitted to import nutritional supplements from the U.S.
8. BILLING ERRORS
If you believe that you have been billed in error, please notify our Customer Care Department at +27-875502437 immediately. If we do not hear from you within 30 days after such billing error
first appears on any account statement, the billing will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You are deemed to have released
Rainmaker Europe, Ltd. from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Rainmaker Europe, Ltd. within thirty (30) days of its appearance on
your credit card account statement.
9. REPRESENTATIONS; DISCLAIMERS
It is our Company mission to provide our customers with the finest Products available. We believe in the efficacy of the Products we sell. You understand, however, that the statements on the Website,
promotional materials and the Product have not been evaluated by any international governing bodies including the United States Food and Drug Administration, and the Product is not intended to diagnose,
treat, cure or prevent any disease. The information provided by our Websites or this Company is not a substitute for a face-to-face consultation with your health care professional and should not be
construed as individual medical advice. Individual results will vary.
The Product is intended for use by persons at least 18 years of age. If you are pregnant, nursing or taking any medication, you represent and warrant that you either have consulted, or will consult,
with a health care professional before taking the Product, and you will cease immediately taking the Product and will contact a health care professional if you experience any ill effects or unintended
side effects of the Product.
We want you to have the most accurate information concerning the Product. The information we communicate to you about the Product and/or its efficacy is obtained from independent third parties such as
educational institutions, scientific and news articles and agencies, nutritional specialists, scientific reports and researchers ("Information Sources"). We do not warrant or represent that Information
Sources are not error-free, nor do we warrant any Information Source or the methods that they use to arrive at their conclusions. All Product specifications, performance data and other information on our
Websites are for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Product will conform to such specifications or performance data.
We do not guarantee that you will have any specific or particular result or benefit from the Product, or that your experience will match those of others who use the Product. Individual results will vary from
person to person.
10. YOUR REPRESENTATIONS
You represent that you are at least 18 years of age and that you will not permit a person under 18 to order, or use, the Product. You represent that the information provided by you when placing your order is
up-to-date, materially accurate and sufficient for us to fulfill your order in a timely and efficient manner. You are responsible for maintaining and promptly updating your account information with us
and keeping such information (and any passwords given to you for the purposes of accessing the Website and/or purchasing Products) secure against unauthorized access. Unless agreed otherwise or required by
applicable law, any warranties provided in relation to the Product only extend to you on the understanding that you are a user, and not a reseller, of the Product. You shall not re-sell, re-distribute or export
any Product that you order from the Website.
You agree to pay for the Product and any sales tax or import duties applicable in your country, shipping or handling of Product as such costs are specified by us on the Website when you submit your purchase
order. Payment shall be made prior to delivery and by such methods as indicated on the Website (and not by any other means unless we have given our prior consent to such alternative payment methods).
11. REJECTION, DAMAGE OR LOSS IN TRANSIT
We shall not be liable and you shall not be entitled to reject Product delivery, except for damage to the Product or any part thereof occurring in transit (where the Product is carried by our own transport or
by a carrier on our behalf), and where we are notified of such damage within five (5) business days of your receipt of the Product.
12. LIABILITY LIMITATION
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT COMPANY WAS AWARE OR ADVSED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE,
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. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE
LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. THE PRODUCTS ARE SOLD AND DELIVERED TO YOU "AS IS" WITH NO WARRANTY WHATSOEVER. EXCEPT AS
EXPRESSLY STATED OTHERWISE IN THIS SECTION, 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.
You agree to defend, indemnify, and hold harmless Rainmaker Europe, Ltd., its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from
and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially
resulting or allegedly resulting from your misuse of the Website, or your breach of any of these terms and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or
suit, and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you.
Any notice or other communications arising in relation to this Agreement shall be given by sending an e-mail to the latest email address that one party has notified in writing to the other.
In the case of Rainmaker Europe, Ltd., the email address can be found at email@example.com. In the case of sending notices to you, Rainmaker Europe, Ltd. will use the email address you
provided to Rainmaker Europe, Ltd. when you ordered your Product. Such notices or communications (where properly addressed) shall be considered received 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 forty-eight (48) hours after transmission,
provided that the sender has not received notification of unsuccessful transmission.
We reserve the right to terminate your access to or use of this Website and/or your subscription to the Product should we believe that you have violated any of the terms of this Agreement or if we believe you
have sought, in bad faith, charge backs, credit backs, Product returns, discounts or any other conduct designed to injure, harass or disrupt this Website or the Company's business operations.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a
telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information
during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Web Site order is suspected to be fraudulent, we
reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to
cooperate with authorities to prosecute offenders to the fullest extent of the law.
17. SALES TAX
If you purchase any Products available on our websites, you will be responsible for paying any sales tax or import duties applicable in your country.
18. INTELLECTUAL PROPERTY RIGHTS
The Website, and all content appearing therein, are the sole and exclusive property of the Rainmaker Europe, Ltd. or its licensors. No license or ownership rights in or to any content of the Website are
conveyed to you by reason of this Agreement or your purchase of Product. The Website and its content are protected under the laws of copyright and trademark. Unless otherwise permitted by law, you may not copy,
republish or transmit any portion of the Website without Rainmaker Europe, Ltd.'s prior written consent.
19. FOREIGN TRANSACTION FEES
In some instances, billing for your product, membership fee or shipping fee may originate from outside of your Country and in some occasions, your financial institution may charge a fee for processing this
payment. You are responsible for these processing fees assessed by your financial institution per your card holder agreement.
20. CURRENCY EXCHANGE RATES AND FEES
By placing your order through this website, you understand that some payments for products and services will be made in foreign currencies. When placing an order from a country outside of your current country
or using a foreign means of payment, all payments will be subject to any applicable transfer, bank, and currency exchange fees. As currency exchange rates are ever changing, it is the customer's responsibility
to be aware of the exchange rate and any applicable transfer, bank, and currency exchange fees which may apply for their purchase.
Governing Law. This Agreement and all disputes or issues arising from it shall be governed exclusively by the laws Godalming, United Kingdom without regard to conflict or conflict of law principles.
The sole and exclusive venue for any and all claims or causes of action arising from or related to this Agreement, or that are related in any manner to your purchase or attempted purchase of the Product(s),
shall be the Courts of Godalming, United Kingdom.
Assignment. This Agreement and the rights and liabilities of the parties hereto inure to the benefit of their respective successors and assigns. Rainmaker Europe, Ltd. may assign this Agreement to any
successor entity. Customer may not assign without the written permission of Company.
Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the
maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
Attorneys' Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to
this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other
available relief, its reasonable attorney's fees and costs incurred in connection therewith, including attorneys' fees incurred on appeal.
No Waiver. No waiver of or by Rainmaker Europe, Ltd. shall be deemed a waiver of any subsequent default of the same provision of this Agreement.
Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Website and your ordering and use of the Product, and supersedes and replaces
all prior understandings or agreements, written or oral, regarding such subject matters.
Modifications. Rainmaker Europe, Ltd. reserves the right to change any of the provisions posted herein and you agree to review these terms and conditions each time you visit the Website.
Your continued use of the Website following the posting of any changes to these terms and conditions constitutes your acceptance of such changes. Rainmaker Europe, Ltd. does not and will not assume any
obligation to provide you with notice of any change to this document and you acknowledge and agree to same. Unless accepted by Rainmaker Europe, Ltd. in writing, you may not amend these terms and
conditions in any way.