Santé bespoke Enterprises Ltd. and its affiliates, subsidiaries, officers, directors, employees or agents (collectively, “the “Agent”) operates as a premiere wellness concierge platform where it provides access to clinically proven and tested supplements rooted in science and tailored specifically to the client’s needs through our proprietary process. We provide convenient daily custom sachets, in beautiful and purposefully designed boxes, to fit one’s lifestyle and to reach your wellness goals. The following terms and conditions (the “Terms of Sale”) govern all sales of products and services (the “Products”) offered by the Agent to you (the “Customer” or “You”) on the Agent’s platform. By accepting delivery of the Products described on a purchase order (an “Order”), the Customer agrees to be bound by and accepts these Terms of Sale.

1. The Agent. 

We agree that you are awesome and will provide you with premiere wellness concierge services.

2. The Customer. 

We agree that you are awesome and will follow you on all social media platforms.

3. Authorization. 

You authorize the Agent to collect personal and personal health information and disclose such information to the Agent, its affiliates and any other health professionals being retained by the Agent, as required. The Customer’s authorization may be revoked at any time and shall be continued until the Customer revokes it.

4. Orders; Prices; Payment Terms; Interest. 

Orders are not binding until full payment is received from the Customer. The prices for the Products shall be as specified by the Agent and as set forth on the Agent’s website as at the time of acceptance of an order. Prices for Products shall be subject to change without further notice. Credit terms are at the discretion and as specified by the Agent, and unless otherwise specified in writing, payment must be received prior to acceptance of an order. If credit terms have been agreed to by the Agent, invoices are due and payable within thirty days after the date of the invoice. The Customer agrees to pay interest on all amounts past due at a rate of 18 per cent per annum.

5. Shipping Charges; Taxes. 

Unless specified, separate charges for shipping and handling will be shown on the invoice(s). The Customer is responsible for services tax, sales and all other taxes associated with the Order, however designated, as required by the jurisdiction of the sale. If applicable, a separate charge for taxes will be shown on the Agent’s invoice.

6. Shipping. 

Delivery of the Product to the Customer takes place when the product leaves the Agent’s premises. Delivery will be made to the address specified by the Customer. Normally, the Customer’s product shipment takes an average of 5 business days to arrive after order confirmation and acceptance by the Customer. In the event that the Customer’s shipment is delayed past 10 business days, and upon notice from the Customer, the Agent will replace the delayed shipment. The Agent is not liable for any damage to the Customer due to delay in shipment or failure of the product to arrive within 10 business days from the date of confirmation and acceptance by the Customer.

7. Warranties. 

THE MANUFACTURER OF EACH PRODUCT IS SOLELY RESPONSIBLE FOR ANY WARRANTY ASSOCIATED WITH A PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGENT DISCLAIMS ANY WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE TERMS OF SALE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RESPONSIBILITY FOR CLAIMS IN RESPECT OF THE PRODUCTS IS LIMITED TO REPLACEMENT OF THE PRODUCT.

8. Liability

In no event shall the Agent be liable for any damage resulting from the use or inability to use the website or the content, whether based on warranty, contract or tort. Any liability of the Agent shall be limited to actual damage incurred by you and shall not shall not exceed USD $10.

9. Privacy Policy. 

Customer authorizes the Agent to collect their personal information, order information, and/or payment information. The Customer shall fully and accurately disclose their personal information and consent to its use by the Agent and its affiliates. By submitting an Order on the Agent’s website, Customer consents to the collection and use of personal information as described in our Privacy Policy published on the Agent’s website. The Agent reserves the right to amend its Privacy Policy from time to time by posting the updated policy on its website. The Customer agrees to review the Privacy Policy each time it submits an Order.

10. Return Policy.

Please refer to the returns policy for complete details. The Agent reserves the right to amend its Return Policy from time to time by posting the updated policy on its website. The Customer agrees to review the Return Policy each time it submits an Order.

11. Recall Policy. 

We are in compliance with applicable regulatory guidelines for the recall of health and wellness products.

12. Products and Services. 

The Agent may revise and discontinue the Products and Services displayed on the website at any time without prior notice.

13. Exports.

It is important to note that not all of the Products shown on the Agent’s online marketplace and advertising platform are available in countries and jurisdictions outside of Barbados. By placing an Order for product or services, the Customer represents to the Agent that sale, delivery and shipment of the Products will not violate any import, export or other law or regulation in the Customer’s home jurisdiction.

14. Entire Agreement. 

The Customer agrees that these Terms of Sale and any document incorporated by reference or referred to herein constitute the entire agreement between the Customer and the Agent pertaining to the subject-matter of these Terms of Sale, and supersedes, terminates and otherwise renders null and void any and all prior agreements, understandings, negotiations, contracts, proposals or requests for proposals, whether written or oral, between the Customer the Agent. In the event of a conflict between these Terms of Sale and any of the documents incorporated by reference or referred to herein, these Terms of Sale shall govern.

15. Severability. 

The invalidity or unenforceability of any provision of these Terms of Sale shall not affect the validity or enforceability of any other provision hereof and any such invalid or unenforceable provision shall be deemed to be severable.

16. Headings. 

The section headings used herein are for convenience of reference only and do not form a part of these Terms of Sale, and no construction or inference shall be derived therefrom.

17. Force Majeure. 

The Agent shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, delays due to backorders of requested products, mail delays, customs delays, and lost shipments. The Agent shall not be responsible to notify the Customer in the event of such delays. The Customer shall be solely responsible to make other arrangements to purchase alternative products and any costs incurred in connection with such purchases.

18. Governing Law. 

The Customer understands that the Agent is a registered corporation in Barbados. All disputes with the Agent with respect to the operation of the online marketplace and advertising platform shall be resolved by reference to Barbados laws, and the Customer attorns to the Courts of Barbados for any legal process. Customer is purchasing supplements that have been approved for sale in Canada. Title to the Customer’s supplements passes from the Agent to the Customer when the Customer’s supplements leave the Agent’s premises. All agreements reached or contracts formed with the Agent shall be deemed to have been made in the jurisdiction where the sale takes place and the laws of that jurisdiction shall have sole and exclusive jurisdiction over any dispute arising between the Customer and the Agent.

19. Knowledge and Consent. 

By placing an order with the Agent, the Customer has read and understands the terms and conditions as set out herein. The Customer represents that he/she consents to the Terms of Sale, and does so with full knowledge and without undue influence or duress. The Customer acknowledges that the Terms of Sale are readily accessible on a 24-hour basis from the Agent’s website and shall be provided to the Customer in hard copy format upon request at any time. The Customer acknowledges having had every opportunity to obtain independent legal advice with respect to the Terms of Sale.

Last updated: July 22, 2021