Amazing Primal Design, Inc. - Terms & Conditions
Updated
25th of August 2021
PLEASE REVIEW THE SALES, SHIPPING, AND RETURN POLICIES BELOW BEFORE MAKING A PURCHASE OF PRODUCTS ON https://primaldevice.com/ (THE "SITE"). THESE ARE THE TERMS AND CONDITIONS THAT APPLY TO YOUR PURCHASE OF PRODUCTS FROM THE SITE ("MERCHANDISE"). BY ACCEPTING THESE TERMS AND CONDITIONS THROUGH THE COMPLETION OF YOUR PURCHASE, SELECTION OF A METHOD OF PAYMENT, AND YOUR ENTRY OF YOUR PAYMENT METHOD INFORMATION, YOU HEREBY AUTHORIZE Amazing Primal Design, Inc. TO CHARGE THE SELECTED PAYMENT METHOD AND ITS ASSOCIATED PAYMENT ACCOUNT THAT YOU HAVE SPECIFIED FOR THE PURCHASE OF MERCHANDISE.
THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR LEGAL RIGHTS. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE SITE.
1. Legal Age Requirement. You must be the age of majority or older in your jurisdiction or state of residence to purchase items from the Site. By placing an order through the Site, you represent that you are at least the age of majority in your jurisdiction of residence and that the person to whom any product will be delivered is also the age of majority. Amazing Primal Design, Inc. reserves the right to request any buyer to provide written proof of age in any form. At the time of delivery, any shipment containing a product may require further the signature of an adult possessing valid picture identification issued by a government agency proving that he or she is at least the age of majority.
2. Arbitration Agreement and Class Action Waiver. Except where prohibited by law, you and Amazing Primal Design, Inc. agree that any dispute between us (including disputes against any agent employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to our Site, the services or materials provided through our Site, any transaction or relationship between us resulting from your use of our Site, communications between us, or the purchase, order, or use of our products, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. Any such arbitration will take place in the county or municipality where we have a principal business address or such other location where we mutually agree. We may also mutually agree to have the arbitration conducted by telephone or based on written submissions. You and Amazing Primal Design, Inc. agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration. You and Amazing Primal Design, Inc. further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the Federal Arbitration Act ("FAA"), and conducted under FAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "FAA Rules") then in effect at the time of the dispute. You may obtain copies of the FAA Rules and forms and instructions for initiating arbitration by visiting the FAA website at www.adr.org, or by calling FAA at (800) 788-7879. If you initiate arbitration, Amazing Primal Design, Inc. will reimburse you for any standard filing fee which may have been required by FAA once you have notified Amazing Primal Design, Inc. in writing and provided a copy of the arbitration proceedings. However, if Amazing Primal Design, Inc. is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorney's fees and costs to Amazing Primal Design, Inc. If for any reason the FAA is unavailable, the parties shall mutually select another arbitration forum.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against Amazing Primal Design, Inc. and may not preside over any kind of representative or class proceeding against Amazing Primal Design, Inc., its agents, officers, shareholders, members, employees, subsidiaries, affiliates, predecessors in interests, successors and/or assigns. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST Amazing Primal Design, Inc., ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE OUR PRODUCT OR WEBSITE, AND RETURN THE PRODUCT FOR A REFUND WITHIN 30 DAYS OF RECEIVING THE ORDER, PURSUANT TO THE INSTRUCTIONS BELOW.
3. Merchandise Orders. All orders placed through the Site are subject to Amazing Primal Design, Inc. 's acceptance. After your order has been placed, we will provide you with an email confirming our receipt of your order. The confirmation you receive does not constitute our acceptance of your order. Rather, we are only confirming our receipt of your order. Amazing Primal Design, Inc. may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment card or payment method has already been charged for an order that is later cancelled by Amazing Primal Design, Inc., we will issue you a refund. If you do not receive confirmation that your order has been placed, please contact our customer care department. Your order will be deemed accepted upon its shipment and your receipt of a shipment confirmation of your order. Processed orders will be shipped according to the terms of our Shipping Policy, which is set forth in Section 7 below.
While we want everyone to be able to enjoy our Merchandise, we may, in our sole discretion, not accept an order or limit or cancel quantities purchased per person, per household or per order. Some reasons we may do so include, but are not limited to, the following: a. Orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors. b. Orders that appear to be shipped to a freight forwarding company for reshipment. c. Orders that cannot be processed as a result of incorrect or invalid billing, shipping or payment information. Be sure to double-check your information when placing an order. We cannot process orders for several reasons including, but not limited to:
i. Incorrect credit or debit card information such as card number, expiration date and card security value;
ii. Incorrect payment method billing information (billing information provided must be the same as what your financial institution has on record);
iii. Insufficient or incorrect shipping address such as street address, city, state/province, ZIP or postal code. d. Orders, in our sole discretion, that we suspect to be fraudulent, we reserve the right to cancel or not accept any order that we suspect to have been placed as a result of fraudulent activity. We further reserve the right to cancel or not accept subsequent orders from customers with a previous fraudulent order history. e. Orders connected to previous credit card disputes.
4. Payments. Amazing Primal Design, Inc. offers several methods of payment for you to purchase Merchandise including, but not limited to, credit cards and debit cards. Some methods of payment are only available in certain countries. Amazing Primal Design, Inc. reserves the right to request additional evidence or proof of billing information or other information associated with the credit or debit card account used to purchase Merchandise from the Site. In the event that the requested evidence or proof is not provided or is insufficient, we reserve the right to refuse to accept the order. If you believe your credit or debit card might have been used in a fraudulent manner to purchase Merchandise, please contact our customer care department. The charges will appear on your billing statement as primaldevice.
5. Taxes. All orders are subject to applicable taxes in the states to which they are shipped.
6. Merchandise Offers and Modifications. When you purchase any merchandise from Amazing Primal Design, Inc. you agree to the following terms:
Straight sale:
- Product will be shipped within 48 hours from the time of order and will be charged to your card and this will send for one time only. Product will arrive within 2-4 working days shipping via USPS.
Please note: If you want to return your product for a refund, you MUST contact customer service and request a RMA (Return Merchandise Authorization) number which must be placed on the outside of the package before you return the product. Please call Customer Service by phone at 8336363643 or by email to us at
[email protected] for the proper return address. Additionally, the return address can be found below or on the contact page.
Product is offered for purchase as follows:
| PRODUCT |
Straight Sale Pricing |
| Resistance Bands - Set of 5 |
$5.99 (includes S&H) |
| Running Belt Waist Pack |
$5.95 including S&H ($2 discount is offered in phone promotion, with the discount the price will be $3.95) |
| Hand Gripper |
$25.19 (includes S&H) |
| Digital Pedometers Set for Men and Women |
$49.99 (includes S&H) |
| Fitness Watch with Full Touch Color Screen |
$34.95 (includes S&H) |
| Handheld Isometric Strength Training Device |
$89.99 (includes S&H) |
| Fitness Vibration Platform |
$102.99 (includes S&H) |
| Fitness and Activity Tracker with Built-in GPS |
$128.25 (includes S&H) |
| Arm Machine System Exercise with 3 System Resistance Training Bands |
$9.95 (includes S&H) |
| Hand Gripper plus Digital Pedometers |
$65.00 (includes S&H) |
| Hand Gripper plus Fitness and Activity Tracker |
$145.00 (includes S&H) |
| Fitness Watch plus Fitness and Activity Tracker |
$170.65 (includes S&H) |
| Hand Gripper plus Strength Training Device plus Fitness Vibration Platform |
$198.95 (includes S&H) |
| Hand Gripper plus Fitness Vibration Platform plus Fitness and Activity Tracker |
$231.50 (includes S&H) |
| Hand Gripper plus Fitness Watch plus Strength Training Device plus Fitness and Activity Tracker |
$262.49 (includes S&H) |
| Fitness Vibration Platform plus Digital Scale plus Posture Trainer |
$282.99 (includes S&H) |
| Strength Training Device plus Fitness and Activity Tracker plus Posture Trainer |
$308.99 (includes S&H) |
| Hand Gripper plus Strength Training Device plus Fitness Vibration Platform plus Fitness and Activity Tracker |
$338.39 (includes S&H) |
7. Shipping Policy. Your order will be processed and shipped to the address entered at the time of purchase within 48 hours. Delivery time for orders will vary depending on the location and will be specified in the confirmation email. For orders placed on a Friday, Saturday or Sunday, packages will ship out the following Monday, unless that Monday is U.S. federal or state holiday in which case the shipment will be processed on the next non-holiday business day. If you feel you are experiencing any delay in the delivery of your product, you may contact our customer care department at 8336363643 or
[email protected]. If for some reason you do not receive the product after the time period specified in your confirmation email, we recommend that you contact customer support at 8336363643 or
[email protected]. All orders are inclusive of shipping and handling fees. All orders are shipped to consumers with delivery confirmation; and if the order is shown as delivered we operate under the assumption that it has been delivered unless you call to state otherwise. There will be no refunds for product claimed to be undelivered if we are not notified within 30 days following the placement of the order and the package is shown as delivered with delivery confirmation obtained via USPS.
8. Refund & Return Policy.
For straight/One time purchases. You may choose to return the product within the first 30 days after the date of receiving the order by reaching out to the customer service and securing an RMA. Product should be returned within 30 days from the date of receiving the order to be eligible for a refund.
Return Address:
643 Shore Road Long Beach, New York 11561 United States (US)
9. Limitation of Liability. To the maximum extent permitted by applicable law, Amazing Primal Design, Inc. and affiliates do not accept or assume liability for any product or use of the product, including without limitation, liability for a product not being available for use, lost profits, or loss of business. In no event will Amazing Primal Design, Inc. or its officers, directors, subsidiaries, affiliates, employees or agents be liable to any party for indirect, incidental, special, consequential or punitive damages relating to the sale of merchandise even if advised of the possibility of such damages, or for any claim by any third party. You agree that for any liability related to the purchase of product, Amazing Primal Design, Inc. and its affiliates are not liable or responsible for any amount of damages above the amount paid for the applicable product. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply.
10. Disclaimer of Warranties. Amazing Primal Design, Inc. and affiliates make no warranty of any kind regarding the products available for sale on the site. Each product is provided on an "as is" and "as available" basis. Regarding the products, Amazing Primal Design, Inc. and affiliates expressly disclaim all warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Some states do not allow the disclaimer of implied warranties, so the disclaimers above may not apply to you.
11. Additional Terms and Conditions. In addition to these terms and conditions and the policies stated above, your purchase of Merchandise through the site is subject to the site Terms of Use and Privacy Policy.
12. California Users.Amazing Primal Design, Inc. is not a California Corporation and does not have offices or conduct significant business operations in the State of California. Amazing Primal Design, Inc. provides these notices purely for informational purposes to California residents, and does not waive its right to dispute jurisdiction over it by any California regulatory authority or court. Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about our product must be addressed to our proper corporate agent for notice and sent via email to:
[email protected]. Pursuant to California Civil Code Section 17200 and Section 17500, Amazing Primal Design, Inc. expressly requires that pre-litigation notice of any UCL claim be served on the proper Corporate Agent prior to the filing of any Summons or Complaint.
13. Severability. If for any reason a court of competent jurisdiction finds any provision of this Agreement, the Terms of Use, the Privacy Statement, or any portion thereof, to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of the Agreement, the Terms of Use, and the Privacy Statement will continue in full force and effect. NO WAIVER of or by Amazing Primal Design, Inc. shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement. HEADINGS All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
14. 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 Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
15. Website User Conduct And Restrictions. You must be 18 years of age or older to access Our Website. As a user of the Website, You agree that in connection with Your use of the Website and the content You will not: Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise objectionable; Conduct Yourself in an inappropriate, offensive, indecent, or vulgar manner while using Our service or Website; Use the Website for any unlawful purpose; Upload, post, email, or otherwise transmit any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party; Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; Interfere with or disrupt the Website, the services, the content or servers or networks connected to the Website, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website, the services, and/or the content, the terms of which are incorporated herein; Intentionally or unintentionally violate any applicable local, state, national, or international law. Without the express prior written authorization of Amazing Primal Design, Inc., You may not: Duplicate the Website (except as expressly provided elsewhere in this Agreement or as permitted by law); Create derivative works based on the Website or any of the Intellectual Property; Remove any copyright or other proprietary notices from the Website or any of the Intellectual Property contained therein; Frame or utilize any framing techniques in connection with the Website or any of the Intellectual Property; Use any meta-tags or any other “hidden text” using the Website’s name or marks; “Deep-link” to any page of the Website; Circumvent any encryption or other security tools used anywhere on the Website (including the theft of username and password or using another person’s username and password in order to gain access to a restricted area of the Website); Use any data mining, bots, or similar data gathering and extraction tools on the Website; Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or, Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure. TERMINATION OF AGREEMENT This Agreement shall remain in force as long as You access the Website, use any functions or features of the Website, or order anything from the Website. Amazing Primal Design, Inc. reserves the right to terminate this Agreement without notice and/or refuse to sell to anyone who Amazing Primal Design, Inc. believes, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services Amazing Primal Design, Inc. provides, or (iii) is unable to provide Us with sufficient information to allow Us to properly identify the customer’s real name, address, or other contact information.
16. Force Majeure. Amazing Primal Design, Inc. shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Amazing Primal Design, Inc.’s performance.
17. Indemnity. You agree to defend, indemnify, and hold harmless Amazing Primal Design, Inc., its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including, but not limited to, reasonable legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your use, misuse, or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. Amazing Primal Design, Inc. 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 Amazing Primal Design, Inc. does not hear from You promptly, Amazing Primal Design, Inc. reserves the right to defend such claim or suit and seek full recompense from You.
18. Reversals and Chargebacks.
We consider chargebacks and reversals as potential cases of fraudulent use of our services and/or theft of services and as such will be treated. We reserve the right of filing a complaint with the appropriate local and federal authorities to investigate. Be advised that all activity and IP address information is being monitored and that this information may be used in a civil and/or criminal case(s) against a client if there is fraudulent use and or theft of services.
19. Contact Information. If you have questions regarding this Site or if you are interested in obtaining more information concerning Amazing Primal Design, Inc. and its products or services or permission to use any Amazing Primal Design, Inc. content, please contact Amazing Primal Design, Inc. at 8336363643 (phone) or
[email protected](email). We are open from Monday through Friday Open 24 Hours PST, Saturday and Sunday 5:00AM to 6:00PM PST. We are closed on major US holidays: Thanksgiving, Christmas and Easter.
Corporate Address:
Amazing Primal Design, Inc.
643 Shore Road Apt 1B Long Beach
NY 11561, U.S.A