Effective Date: From the date the client completes enrollment and subscription
These Terms and Conditions (“Agreement”) govern your access to and use of the website www.bodycrafters.ca (the “Website”) and your subscription to products from M.D.E. BODY CRAFTERS INC, doing business as BodyCrafters.ca (“BodyCrafters”, “we”, “our”, “us”). By subscribing to any of BodyCrafters’ services, you (“Customer”, “you”, “your”) agree to comply with these Terms and Conditions.
Please read this Agreement carefully before making any purchases or subscribing to our services. If you do not agree to these Terms and Conditions, you must not use our Website or subscribe to any of our products.
1. Your Rights and Obligations
As a customer, you have the right to:
- Receive the product(s) you’ve subscribed to in accordance with the terms of this Agreement.
- Cancel your subscription at any time with a two-week prior written notice as stated in our Subscription Agreement.
- Contact BodyCrafters for any inquiries or concerns related to your subscription, products, or services.
You are obligated to:
- Provide accurate information when subscribing to our services, including payment details and shipping addresses.
- Make timely payments for your subscription. Failure to make payments on time may result in suspension or cancellation of services.
- Notify us promptly in case of any changes to your payment method, shipping address, or contact information.
- Respect our intellectual property and refrain from unauthorized use of content on our Website.
2. BodyCrafters’ Rights and Responsibilities
BodyCrafters has the right to:
- Modify, suspend, or cancel any subscription at any time for any reason, including but not limited to failure to pay or breach of these Terms and Conditions.
- Change the pricing, products, or frequency of subscription with a minimum notice period of 14 days before the next billing cycle.
- Limit or refuse service at our discretion if we suspect fraudulent activity or violations of our policies.
BodyCrafters is responsible for:
- Delivering products in a timely manner, subject to stock availability and shipping circumstances.
- Maintaining privacy and security of your personal and payment information, as per our Privacy Policy.
- Providing customer service and handling inquiries related to products, payments, and subscriptions.
3. Product Availability
- Stock Availability: All products are subject to availability. If a product is out of stock, BodyCrafters will stop charging for the product until it becomes available again.
- Out of Stock or Delayed Shipments: If a product goes out of stock after your order has been processed, you will receive double the amount of your order in the next shipping cycle as compensation for the inconvenience. We will notify you if there are significant delays in fulfilling your order.
- No Refund for Out of Stock: If a product is out of stock, and you have already been charged for it, you will not receive a refund but will receive the additional quantity (as mentioned above) in your next shipment.
4. Late or Missed Payments
- If a payment is rejected due to insufficient funds (NSF) or any other reason, we will attempt to collect the payment on the next billing cycle.
- Late Payment Fees: A fee of $14.99 will be applied to your next payment to cover the NSF charge and administrative fees incurred. This charge is subject to change based on our internal policies or banking changes.
- Continued failure to make payments may result in the suspension or cancellation of your subscription, and further actions may be taken to recover unpaid balances.
5. Subscription Changes
- BodyCrafters reserves the right to modify the pricing, products, or frequency of subscriptions at any time. We will provide 16 days’ notice prior to any changes taking effect. This notice will be sent via email or posted on our Website.
- The customer has the right to cancel the subscription if the changes to the pricing, products, or frequency are not acceptable.
6. Limitations of Liability
To the fullest extent permitted by applicable law, BodyCrafters, its affiliates, suppliers, and licensors shall not be liable to you for any:
- Indirect, incidental, special, consequential, or punitive damages arising from the use or inability to use our Website or services, even if BodyCrafters has been advised of the possibility of such damages.
- Loss of profits, revenue, or data, or any other economic loss, whether in contract, tort (including negligence), or otherwise, arising out of or in connection with this Agreement.
- Product liability for damages caused by misuse or failure to follow product instructions.
In the event BodyCrafters is found liable, the total liability to the customer shall not exceed the amount the customer has paid to BodyCrafters in the last three months preceding the event that caused the claim.
7. Dispute Resolution
In the event of any disputes or claims arising from this Agreement, the parties agree to:
- Attempt resolution through informal negotiations first.
- If unresolved, submit disputes to binding arbitration in British Columbia, Canada, under the rules of the British Columbia Arbitration Act. The arbitrator’s decision shall be final and binding.
8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of British Columbia, Canada.
9. Miscellaneous
- Modifications: BodyCrafters may update these Terms and Conditions at any time. Changes will be effective once posted on the Website or communicated directly to customers.
- Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in effect.
- Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements.
By subscribing to BodyCrafters.ca, you agree to be bound by these Terms and Conditions, including any amendments or updates.