Terms and Conditions
TERMS AND CONDITIONS AND REFUND POLICY FOR ERTH WELLNESS, LLC DOING BUSINESS AS KIND OASIS.
You must read and agree to these Terms and Conditions before ordering any products from the Website. By placing your order you agree to be bound by the following Terms and Conditions:
I understand the statements regarding these products have not been evaluated by the Food and Drug Administration. These Products are not intended to diagnose, treat, cure or prevent any disease.
Terms and Conditions:
We stand behind the products we manufacture and guarantee that they are brand new, authentic, and in original packaging.
Return and Refund Policy:
All new and unopened products come with a 30-day, money-back guarantee based on the delivery date as provided by the shipper. To receive a refund or to return products, please contact our customer support team at +1 (414) 877-0253. For all products over 30 days, sales are considered final.
If any products arrive damaged or broken, or part of your order is missing, you must notify the Company within 3 days of delivery.
- Kind Oasis has partnerships with multiple carriers including FedEx, UPS and USPS Priority to best serve our customers. Depending on the location of the shipment, Kind Oasis will select the best and fastest possible shipping service for your location. (PO BOX delivery addresses will ship with USPS Priority).
- Processing timeframe: 2-3 business days from time payment is processed.
Any controversy or claim arising out of or relating to your purchase or these terms and conditions, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
KIND OASIS REWARDS PROGRAM TERMS AND CONDITIONS
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE PARTICIPATING IN THE KIND OASIS REWARDS PROGRAM.
The Kind Oasis Rewards Program (“Program”) is brought to you by Kind Oasis, and benefits shall be considered void where prohibited by law. By participating in the Program, you consent to the Program terms and conditions set out below. Taxes may apply where required by law. Kind Oasis assumes no liability for any user’s participation that contravenes the laws or regulations of his or her place of residence. Participation is subject to present and future program rules. Participation is valid only on www.thekindoasis.com and program rewards (“Points”) may only be earned and redeemed on www.thekindoasis.com (“website”).
No purchase is necessary to join in the Program. All users who sign up for a customer account at www.thekindoasis.com with a valid username and password are automatically enrolled in the Program and can begin earning and redeeming Points according to the rules of the program. Guest users are not automatically enrolled in the program and will not earn points for purchases.
Kind Oasis specifically reserves the right to terminate, cancel, suspend and/or modify the Program, or any specific user’s participation in the Program, at any time in its sole discretion. In addition, Kind Oasis reserves the right, in its sole and absolute discretion, to terminate, cancel, suspend and/or permanently ban any specific user’s participation in the Program if Kind Oasis suspects that such user is conducting fraudulent activity to acquire, accumulate or spend Points including, but not limited to, by a user creating multiple Program accounts, false referrals, etc.
Kind Oasis reserves the right to refuse membership to any customer who does not follow the enrollment procedures. You should promptly advise Kind Oasis of any changes to your personal account contact information, such as name, address, telephone number(s) and/or email address, by logging into www.thekindoasis.com and updating your account.
Merchandise returns must be made in accordance with Kind Oasis’ return policy available at www.thekindoasis.com.
All current employees of Kind Oasis are eligible to participate in the Program.
You may cancel your participation in the Program at any time by deleting your www.kindoasis.com customer account. Once cancelled, all Points earned are voided and may not be redeemed on any future purchase. Please contact Customer Service at (414) 877-0253 for assistance in canceling your account.
Limitation of Liability
KIND OASIS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON KIND OASIS’ LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM KIND OASIS AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.
All Program design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials are owned by Kind Oasis and may be registered in the United States and internationally.
Kind Oasis and each of its subsidiaries and affiliates, along with each such entity’s respective officers, directors, employees, and agents make no warranty, express or implied, including but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program or any products or services related to such Program.
Kind Oasis reserves the right to vary any or all of the terms of the Program, to amend these Terms of Service, or to terminate the Program, at any time without notice and without further obligations to users, including, but not limited to, modifications which: a) govern Points earned on and after the date of the change; or b) change the value of already accumulated Points. Notice of any such changes, amendments or termination may be provided to users via email, or by being posted on the www.thekindoasis.com website and will be effective immediately, unless otherwise stated in such notification.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Wisconsin and any dispute shall be subject to binding arbitration in Milwaukee County, Wisconsin. If any provision of this Agreement shall be found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Class Action Waiver
You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration. If this Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the dispute will be decided by a court.