Terms and Conditions
Acceptance and Modification of the Terms
Your access and use of any website, mobile site, Facebook site, Twitter page, Instagram platform, or other social media channel owned and/or operated by Brewganics. are governed by these terms and conditions 'terms.' When you access, browse, or use our site, you have acknowledged that you have read, understood, and accepted these Terms and Conditions. If you refuse to accept these Terms and Conditions, avoid using the Site. We may change, modify, add, or remove parts of these Terms and Conditions at any time. In the event of modifying our Terms and Conditions, a new version will be published on the Site. Regularly review Terms and Conditions; if found unacceptable, discontinue Site use. Your ongoing usage of the Site indicates your acceptance of these Terms and Conditions as they are modified.
Please be aware that any extra payment terms shown to you while using or registering for a Paid Service are considered part of these Terms. We may modify the prices and Paid Services availability at any point. Stock levels for some items may be restricted and availability cannot be assured. The products available for purchase are exclusively sold in the United States and all prices are listed in U.S. dollars. Occasional errors may occur in the stated prices, and we maintain the right to rectify these errors, whether by updating the website or notifying you to cancel your order, or updating Paid Services information without prior notice. Orders for Paid Services can be placed at any time (subject to planned or unplanned downtime). Correct any input errors in your order before clicking the “Purchase” button on the checkout page. Your order is a binding offer to purchase Paid Services specified in the order, subject to these Terms, at the price and terms stated when placing the order. All orders are under our acceptance, and we may decline or restrict orders or quantities. We are not responsible for product unavailability or shipping delays. Upon order placement, we reserve the right to accept or decline cancellation requests at our full discretion. We may offer comparable products to fulfill your order. No order will be accepted until payment of the purchase price is received. Following order payment processing, an acknowledgment of receipt may be sent to the email address provided for you to print and store the information.Title and risk of loss pass to you upon delivery to the common carrier for shipment, provided full payment of all sums due, unless otherwise specified at the time of purchase, reception of the product(s) and potential shipping costs is confirmed. When you purchase items on the website for shipping, you are instructing us to use a common carrier for delivery. By doing so, we provide a service to and act on your behalf. We have the right to select procedures, packaging, and common carriers for sold products. Certain restrictions apply to shipping to post office box, specific addresses, or certain days. When necessary, we may ship your order in multiple boxes or shipments. Our products, including, without limitation, our Paid Services, are for personal, non-commercial use. Upon receipt, it may not be resold, redistributed, exported, or utilized for any commercial purpose. The rights you have under these Terms are to you and are not transferable.
Please read the Terms of Service carefully. By clicking “Order," accessing, or using our services, you agree to the terms, including the mandatory arbitration provision and class action/jury trial waiver. Disputes must be resolved through individual arbitration rather than in a class-wide or jury trial format. If you disagree with any of these terms, kindly refrain from utilizing our services.
Statement
Statements throughout this publication have not been evaluated by the FDA. These products are not intended to diagnose, treat, cure, or prevent any disease. All the suggested uses of nutrients are outlined here purely for educational purposes. There is no way to foresee all conditions under which this information and our products, or the products of other manufacturers, may be utilized. We are not liable for the outcomes resulting from the use of this information or the safety and appropriateness of our products or others. It is recommended that users perform their own tests to assess the safety and suitability of the products or product combinations mentioned on the website.
Terms of Sale
Please see our FAQs for a description of the current Paid Services, our shipping terms, and cancellation and refund policies. Prices and available Paid Services may be subject to change at any time.
Billing
We use third-party payment processors such as, not limited to, ApplePay, GooglePay, PayPal, and Shopify collectively, the “Payment Processor” to bill you through a payment account linked to your account on the Services “Billing Account” or through guest checkout feature. Payment processing is governed by the terms, conditions, and privacy policies of the Payment Processor along with these Terms. Further details can be found in our Privacy Policy. We disclaim any liability for errors by the Payment Processor. Opting for Paid Services means agreeing to settle all charges through the Payment Processor at the prevailing rates within the relevant payment terms and granting authorization through the Payment Processor. to charge your chosen payment method “Payment Method." You commit to making payments with the chosen Payment Method. We maintain the right to amend errors by the Payment Processor, irrespective of prior payment requests or receipts.
Payment Method
Payment terms are determined by your Payment Method and agreements with the financial institution, credit card issuer, or other provider of your chosen Payment Method. Should payment not be received by us through the Payment Processor, you are obligated to settle all outstanding amounts on your Billing Account or through the guest checkout feature when requested.
Dispute Resolution / Binding Arbitration
All disputes arising from or relating to these Terms and Conditions or the use of Brewganics products will be resolved individually, unless opting out of arbitration as instructed. You agree not to engage in any class action lawsuit, class-wide arbitration, claims brought in a private attorney general capacity, or any other proceeding where someone acts in a representative capacity. Moreover, disputes cannot be merged or combined with those of other individuals.
Both parties agree that any dispute, claim, or controversy between them arising in connection with or relating in any way to these Terms and Conditions or the terms of your engagement with Brewganics as a consumer of our items will be decided through compulsory binding individual (not class) arbitration. Both you and Brewganics acknowledge that the arbitrator, rather than any federal, state, or local court or agency, will have exclusive authority to resolve any disputes related to the interpretation, applicability, enforceability, or formation of this arbitration agreement.
Exceptions: Notwithstanding the above, you and Brewganics both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights to (a) bring an individual action in small claims court, (b) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (c) seek injunctive relief in a court of law, or (d) to file suit in a court of law to address intellectual property infringement claims.
Opt-Out: If you do not wish to be bound by this arbitration and class action waiver provision, you must notify Brewganics in writing within 30 days of the date that you first accept these Terms and Conditions (unless a longer period is required by applicable law). Your written notification must be mailed to 8209 Foothill Blvd, #A231, Sunland, CA, 91040 - and must include your name, your address, and a explicit declaration against resolving disputes with Brewganics through arbitration.Should any section of this agreement be determined unenforceable, it will be separated from the agreement, leaving the remaining parts intact.