UPDATED: December 4, 2020 

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.dnavibe.com website (the “Service”) operated by DNA Vibe (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Purchases

Specials and discounts cannot be combined.

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by DNA Vibe.

DNA Vibe has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that DNA Vibe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless DNA Vibe and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

Limitation Of Liability

In no event shall DNA Vibe, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

DNA Vibe, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

  

DNA Vibe’s Jazz Band™ is an innovative wellness wearable on a mission to help more people do more of what they love at a higher level and for a longer time. The Jazz Band is not a medical device and is not intended to diagnose, cure, mitigate, prevent, or treat any specific disease or condition.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Colorado, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.

Billing & Returns Terms & ConditionsDefinitions

“Seller” refers to the website owner – the person to whom the order for the purchase has been given.

“Buyer” refers to the person or organization placing the order.

“Goods or services” refers to the product(s) for which the buyer has placed an order for with the seller.

Payment

All payments are due upon completion of order. If a payment is not received or the payment method is declined the order will not be placed for the products and no items will be shipped. The buyer forfeits the ownership of any items due to non-payment. We accept most major credit cards including Visa, Mastercard, Discover, and American Express. We also accept PayPal as a form of payment. 

Shipping Policies

Shipping will be paid for by the buyer in the amount calculated by the seller at the time of purchase. If an item is lost during shipping, the total cost of the item including shipping, will be refunded to the buyer by the seller. Shipping costs may increase if shipping internationally or on rush orders. Offer for Free Shipping in the USA does not apply to any orders shipped outside of the USA. Additional shipping will be charged for orders shipped outside of USA. If an item is damaged during shipping, seller will not be held responsible. The seller will take all reasonable steps to ensure the protection from loss, damage or destruction of the services or materials it supplies the buyer.

Refund/Return Policy

Items are entitled to be refunded or returned if the buyer notifies the seller within 30 days of the date of purchase. The buyer must contact the seller by email: support@dnavibe.zendesk.com or through the customer account page on the website where a return can be processed. Not all merchandise is returnable. Shipping charges incurred for returned merchandise is the responsibility of the buyer.

Return Policy

We’ll accept return requests for items that are unopened, unused, with the original tags still intact. The product(s) must be in their original packaging, if applicable, in the same condition it was received.

If you wish to return your item, we must receive your request within 30 days of the date you received your item. Wear and tear will be evaluated and may incur a restocking fee.

Refunds

Once we receive your returned item, our team will review your request and inspect the item. We will send you an email to confirm that we’ve received your item and are processing your request. We’ll follow up with another email once the request has been processed to let you know if your return was approved.

If approved, the money will be refunded to your original method of payment within 2-3 weeks. All payment companies are different in the amount of time it takes to confirm a payment, so it will likely take a minimum of a few days for the refund to show up in your bank statement.

Exchanges

In the unlikely event that you receive a damaged or defective item, we’re happy to exchange the item for a new one. Please email support@dnavibe.zendesk.com  within 30 days of receiving your product to begin the process.

Return Shipping

After you’ve submitted a return request to support@dnavibe.zendesk.com, we will send you a PDF of a return shipping label. Please print it out and affix to your package.

You are responsible for paying for the return shipping costs. We will deduct the cost of return shipping from your refund.

Final Sale Items

If the item is marked “final sale”, it does not qualify for a return and cannot be refunded.

Insurance

If you’re shipping an item over $75, consider purchasing shipping insurance to ensure it arrives. We can’t guarantee that we’ll receive your item.

Cancellation

An order may be cancelled up until payment has been processed. Once the payment is processed, the buyer is responsible for the payment.

Complaints

Any complaints about items or the seller should be submitted to our support team. Please email: support@dnavibe.zendesk.com . There is no guarantee of a resolution. Each case will be looked at individually and the seller will be in contact.

Legalities

The seller is not responsible for any health or safety concerns once the buyer has received the goods or services. If any harm is incurred from the items purchased by the buyer, the seller shares no responsibility.

Any dispute arising out of such use of the website is subject to the laws of the site owner’s state.

These billing terms and conditions are subject to change.

Your use of this website and placement of an order indicates you are in agreement with these billing terms and conditions.