Terms of service
TERMS OF USE
Please read these Terms and Conditions carefully before using this Website.
Terms and Conditions
The Website and its Content is owned by Jennifer Fugo, Owner, of Evolving Well, LLC (“Company”, “we”, or “us”). The term “you” refers to the user or viewer of www.quellshop.com (“Website”).
Please read these Terms and Conditions (“T&C”) carefully. We reserve the right to change these Terms and Conditions on the Website at any time without notice, and by using the Website and its Content you are agreeing to the T&C as they appear, whether or not you have read them. If you do not agree with these T&C, please do not use our Website or its Content.
Website Use and Consent
The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through this Website (“Content”) is our property and is protected by United States intellectual property laws.
If you have purchased a service, program, product or subscription or otherwise entered into a separate agreement with us you will also be subject to the terms of that agreement or those terms of use, which shall prevail in the event of a conflict. Online purchases have additional terms of use relating to the transaction.
By accessing or using this Website and its Content, you represent and warrant that you are at least 18 years old and that you agree to and to abide by these T&C. Any registration by, use of or access to the Website and its Content by anyone under age 18 is unauthorized, unlicensed and in violation of these T&C.
Intellectual Property Rights
Our Limited License to You. This Website and its Content is property solely owned by us and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
If you view, purchase or access our Website or any of its Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
As a Licensee, you understand and acknowledge that this Website and its Content have been developed or obtained by us through the investment of significant time, effort and expense, and that this Website and its Content are valuable, special and unique assets of ours which need to be protected from improper and unauthorized use. We clearly state that you may not use this Website or its Content in a manner that constitutes an infringement of our rights or that has not been authorized by us.
When you purchase or access our Website or any of its Content, you agree that:
- You will not copy, duplicate or steal our Website or Content. You understand that doing anything with our Website or its Content that is contrary to these T&C and the limited license we are providing to you herein is considered theft, and we reserve our right to prosecute theft to the full extent of the law.
- You are permitted from time to time to download and/or print one copy of individual pages of the Website or its Content, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the Content was obtained.
- You may not in any way at any time use, copy, adapt, imply or represent that our Website or its Content is yours or created by you. By downloading, printing, or otherwise using our Website Content for personal use you in no way assume any ownership rights of the Content – it is still our property.
- You must receive our written permission before using any of our Website Content for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link or any other electronic means) any Website Content because that is considered stealing our work.
- We are granting you a limited license to enjoy our Website and its Content for your own personal use, not for your own business/commercial use or in any way that earns you money, unless we give you written permission that you may do so.
The trademarks and logos displayed on our Website or its Content are trademarks belonging to us, unless otherwise indicated. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Your License to Us. By posting or submitting any material on or through our Website such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.
When you voluntarily submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorized by us, consent to make it part of our current or future Website and its Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You may, however, at any time, ask us to delete this information. Your rights regarding this personal information can be found in our Privacy Policy.
You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Website or in our Content at any time for any reason.
Request for Permission to Use Content
Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made BEFORE you wish to use the Content by completing the “Contact Us” form on this Website, or by sending an e-mail to support@jenniferfugo.com.
We very clearly state that you may not use any Content in any way that is contrary to these T&C unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission. If you choose to use the Content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Website and its Content.
Digital Millennium Copyright Act
We respect others’ copyright and intellectual property rights. However, if you believe that the Content on this Website infringes upon any copyright owned by you and was posted on our Website without your authorization, you may provide us with notice requesting that we remove the information from the Website. Any request should only be submitted by the you or an agent authorized to act on your behalf to support@jenniferfugo.com.
Personal Responsibility and Assumption of Risk
As a Licensee, you agree that you are using your own judgment in using our Website and its Content and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to this Website and/or any of its Content. This Website and its Content are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of this Website or any of its Content.
Disclaimer
Our Website and its Content are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website and its Content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Website participant or user, including you.
Medical Disclaimer. This Website and its Content are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Website or Content is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read on this Website, its Content, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.
Legal and Financial Disclaimer. This Website and its Content are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Website and its Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website or its Content. You are solely responsible for your results.
Earnings Disclaimer. You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your use of this Website or its Content. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Website or its Content and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through the use of our Website or its Content. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.
Warranties Disclaimer. WE MAKE NO WARRANTIES AS TO OUR WEBSITE OR ITS CONTENT. YOU AGREE THAT OUR WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ITS CONTENT WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR WEBSITE OR ITS CONTENT OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Technology Disclaimer. We try to ensure that the availability and delivery of our Website and its Content is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Website or its Content become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Website or its Content inaccessible to you.
Errors and Omissions. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on our Website or its Content. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. We assume no liability for errors or omissions on the Website, its Content, or in other information referenced by or linked to the site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.
Links to Other Websites. We may provide links and pointers to other websites maintained by third parties which may take you outside of our Website or its Content. These links are provided for your convenience and the inclusion of any link in our Website or its Content to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, statements, errors or omissions provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
Limitations on Linking and Framing. You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in our Website or Content and does not state or imply that we are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.
By purchasing and/or using our Website and its Content in any way or for any reason, you also implicitly agree to our full Disclaimer which may be found on this Website.
Indemnification, Limitation of Liability and Release of Claims
Indemnification. You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Website, its Content or your breach of any obligation, warranty, representation or covenant set forth in these T&C or in any other agreement with us.
Limitation of Liability. Unless otherwise limited by law, we will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Website and its Content. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Website or its Content, or in any way or in any location. In the event that you use our Website and its Content or any other information provided by us or affiliated with us, we assume no responsibility, unless otherwise provided by law.
Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website and its Content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
Your Conduct
You are agreeing that you will not use our Website or its Conduct in any way that causes or is likely to cause the Website, Content, or access to them to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website or its Content. You agree to use the Website and its Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
You must use the Website and its Content for lawful purposes only. You agree that you will not use the Website or its Content in any of the following ways:
- For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity
- To send, use or re-use any communication or material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others
- To send, negatively impact, or infect our Website or its Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not
- To cause annoyance, inconvenience or needless anxiety
- To impersonate any third party or otherwise mislead as to the origin of your contributions
- To reproduce, duplicate, copy or resell any part of our Website or its Content in a way that is not in compliance with these T&C or any other agreement with us.
Online Commerce
Certain sections of the Website or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company. Please review our Privacy Policy for how we comply with securing your personal data.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Website or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
Termination
We reserve the right in our sole discretion to refuse or terminate your access to the Website and its Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website or Content affected by such cancellation or termination. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any pending payments in the event of such termination or cancellation. The restrictions imposed on you in these T&C with respect to the Website and its Content will still apply now and in the future, even after termination by you or us.
If you have any questions about these T&C, please contact us at support@jenniferfugo.com.
Last Updated: December 30, 2024
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
These terms and conditions apply to the purchase and sale of products and services through QUELLSHOP.COM (referred to as the “site”). By placing an order for any such products and services offered through the site, you agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, you should not obtain products or services from this site. These terms and conditions are subject to change by Evolving Well, LLC dba Quell Shop (referred to as “us” or “we”) without prior written notice at any time, in our sole discretion. The latest version of the terms and conditions will be posted on this site, and you should review these terms and conditions prior to purchasing any products and services that are available through this site. These terms and conditions are an integral part of the Site Terms of Use that apply generally to the use of our site. You should also carefully review our Privacy Policy before placing an order for goods or services through this site.
1. Order Acceptance and Cancellation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled, you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
Once an order has been placed, it cannot be canceled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.
We do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products and services which are offered on our site.
We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
2. Payment Terms and Sales Taxes
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.We accept credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below, and where applicable.
3. Changes in Products and Pricing
We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on the availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our site.
All pricing for the products and services available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
4. Use of Discount Codes and Store Credit on Quellshop.com
Discount codes are issued at the discretion of Quellshop.com for specific shop promotions, sales and loyalty programs. Sales and promotions on QuellShop.com that require a discount code will be disclosed on the shop website, respective social media accounts, and/or email newsletters. Discount codes cannot be combined with other discount codes, store credit, promotions, and sales, unless explicitly stated otherwise. For special promotions, some discount codes may be active for a specific period of time and cannot be applied outside of the specified dates.
Store credit cannot be used to cover the cost of shipping or taxes, nor can it be combined with other order discounts or discount codes.
Discount codes are offered as one-time use per customer unless explicitly stated otherwise. We regularly monitor shop transactions for misuse/abuse of discount codes, such as utilizing multiple email addresses to place orders with discount codes that were offered as one-time use. Quellshop.com reserves the right to pursue disciplinary action, including but not limited to, banning future purchases if misuse of discount codes is discovered.
5. Pre-Order Frequently Asked Questions
What is a pre-order product?
- A pre-order product is an item that is available for purchase before its official release date. By pre-ordering, you can reserve the item in advance and receive it as soon as it becomes available.
When will the pre-order product be released?
- The release date for the pre-order product will be included on the product page. However, please note that release dates are subject to change and we will do our best to keep you informed on any updates.
Can I cancel or refund my pre-order?
- Yes, you can cancel your pre-order. Please review the cancellation policy on our website and contact the support team at support@jenniferfugo.com for assistance.
Will I be charged upfront for my pre-order?
- Yes, in order to reserve your pre-order item, you will be charged upfront. Pricing information will be displayed on the product page.
How will I be notified when my pre-order is available?
- You will receive an email notification when your pre-order has shipped, and you can also check the status of your order on our website.
Can I change my shipping address after I've placed my pre-order?
- Please email support@jenniferfugo.com as quickly as possible to notify the support team and we will do our best to accommodate any changes to your shipping address after you've placed your pre-order.
What happens if the release date of the pre-order is delayed?
- If the release date is delayed, we will do our best to keep you informed and provide you with updated information on the new release date. We appreciate your patience and understanding in these situations.
Is there a limit to how many pre-orders I can place?
- This may depend on the product and availability. Please check the product page or contact our customer support team for information on pre-order limits.
Will the pre-order price change once the product is released?
- The pre-order price may be subject to change, depending on the product. We will do our best to communicate any changes to the pre-order price in advance.
Are there any bonuses or extras for pre-ordering?
- We may offer bonuses or extras for pre-ordering, such as early access, exclusive content, or discounts. Please check the product description on our website or contact our customer support team for information on any pre-order bonuses.
6. Shipping Policy
We can deliver our products anywhere in the United States (including Alaska, Hawaii, and Puerto Rico) at this time.
All orders are subject to a 1-2 day processing window at the fulfillment warehouse before they are shipped. Standard shipping and overnight shipping windows begin from the time the order leaves the fulfillment warehouse, not from the date and time of purchase.
For US orders under $149, we charge a flat shipping rate of $10 for deliveries within the continental United States. Orders $150+ before tax qualify for free shipping.
Deliveries in the continental US are estimated to arrive in 5 to 7 days once they leave the fulfillment warehouse.*
All deliveries to Alaska, Hawaii, and Puerto Rico are a $16 flat shipping rate. Orders $150+ before tax qualify for free shipping.
Deliveries in Alaska, Hawaii, or Puerto Rico are estimated to arrive in 7 to 10 days once they leave the fulfillment warehouse.*
*Note – the delivery timeframes listed above are estimations based on the typical transit time of packages once they leave our fulfillment warehouse. Occasionally orders will take longer than the estimated delivery time, depending on the carrier, seasonality, and other factors. Once a carrier has received your package, we are not responsible for the transit time of a package and any issues on their part that cause a delay (including re-routing of packages). Use the tracking link in your shipping confirmation email to get updates on the delivery status of your order. Because extended shipping delays can happen and are beyond our control, please wait until 15 business days from the date of shipment to contact us about your order if you suspect your package has been lost by the carrier.
Overnight shipping is available for a flat rate of $45 for all orders within the continental United States.
|
Within Continental United States |
Alaska, Hawaii and Puerto Rico |
|
|
Orders Under $149 |
$10 |
$16 |
|
Orders $149 or over |
FREE |
FREE |
At this time, we are not shipping any products outside of the United States.
Package Theft After Delivery: Unfortunately, we cannot be held responsible for packages that are marked as delivered by the shipping carrier and were stolen. You will need to file a claim and work with the carrier to determine what happened to your package. We cannot offer refunds for these packages nor file claims on your behalf as it is too time-consuming for our very tiny team.
These shipping terms are accepted by you by placing an order with us.
For more details, please review our FAQ page HERE.
7. Disclaimer and Limitation of Liability
Our responsibility for defects relating to the products and services available on our site is limited to the procedures described in our return policy set forth below. ALL PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL EVOLVING WELL, LLC OR ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NO EMPLOYEE OR REPRESENTATIVE OF EVOLVING WELL, LLC IS AUTHORIZED TO MODIFY THIS LIMITATION.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
8. Cancellation, Refund, and Chargeback Policies
While we do not offer any warranties with respect to the products and services available through our site, we are committed to working with you to ensure maximum customer satisfaction.
For more information on our refund policy, please review the policy in full HERE.
Contact Information:
Evolving Well, LLC, 25 West Sixth Street, Bridgeport, PA 19405
Phone: 866-622-6684
Email: support@jenniferfugo.com
Cancellation:
Cancellation of subscriptions: All subscriptions, trial or otherwise, are non-refundable. Subscriptions are transferable. If you wish to contact us to cancel your subscription, you can do so by CLICKING HERE and submitting the form.
Refunds:
If you have any questions about your purchase, please email us at support@jenniferfugo.com.
If you believe you've had an adverse reaction to a supplement purchased from QuellShop.com, submit a ticket through our contact form HERE. Please be patient with us, as it can take 7 to 10 business days for us to collect the information we need from you and process your ticket.
DIGITAL PRODUCTS & ONLINE COURSES
All masterclasses are non-refundable, with the exception of the Skin Rash Deep Dive (Level 1) masterclass, which is subject to a 30-day refund policy.
PHYSICAL PRODUCTS
All physical products purchased on clearance, discontinued status, during a sale with promotional discounts, or free gifts included with purchase are considered to be a final sale and non-refundable.
Damaged containers upon arrival of your package:
We offer replacement of any product that arrives damaged during shipping or delivery. Damaged containers must be reported within 3 business days of receipt of the package by sending a detailed description of the issue along with photos of the product that arrived damaged or defective to support@jenniferfugo.com.
Supplements and supplement accessories:
All capsules, powders and supplement accessories are non-refundable. All sales on these products are final.
Skincare products:
Our skincare sample kit is the best way to test out the three skincare creams to see if you like the aroma, texture + overall product. We recommend always starting with the sample kit before making a full-sized skincare cream purchase.
Unopened/Sealed skincare products:
We offer a 30-day return (from the date of purchase) on any unopened, sealed skincare products. An unopened product must have all plastic and bottle security seals intact in order for the product to qualify for a return. If all seals are not intact, the product has been tampered with and is not returnable. Empty containers are not eligible for returns or refunds.
Opened skincare products:
Once skincare products are opened, full-size 2-ounce skincare creams are not eligible for return or credit if you don't like them or your skin isn't compatible with the products. We offer a skincare sample kit that is best for testing and trialing the products on your skin.
Return Process:
To return a product, email our team at support@jenniferfugo.com and let us know if you're requesting a return for a new/unopened item, an opened/used item, or reporting a damaged product.
Damaged product return requests must include a detailed explanation of damage and photos of the damage, and be reported within 3 business days of receipt of your package.
Our team will evaluate your return request and provide you with shipping instructions.
You are responsible for obtaining tracking information on return packages to ensure proof of delivery during the return process. We are not responsible for returns that get lost and aren't delivered to us.
You are responsible for paying return shipping costs.
Once the product is delivered, it will be inspected. If the product is in resellable condition, we will then issue a refund or store credit depending on the situation.
Products returned to us that do not comply with our return process will not be accepted.
Products returned by refusing the package upon delivery will not be accepted, and thus no refund can be issued as often these packages do not ever make it back to us.
All shipping charges are non-refundable, including initial shipping fees and return shipping costs.
All approved returns are subject to a 15% restocking fee.
We are not responsible for packages that are marked as delivered by the shipping carrier and were stolen. In this instance, you must file a claim with the carrier to determine a solution. We cannot offer refunds for these packages nor file claims on your behalf.
Chargebacks:
Please check the date of purchase before contacting us. CLICK HERE and submit your request in the form if you would like to request a refund. Charges will appear as Evolving Well, LLC on your credit card/debit card statements. Evolving Well, LLC takes all requests for refunds seriously, and promptly acts to resolve any and all issues within fifteen (15) days from the date of the request. You expressly agree to provide Evolving Well, LLC fifteen (15) days from the date a request for refund is made to resolve any such issues before submitting a chargeback request to your credit card company. Failure to do so will result in a full defense of any such chargeback requests.
Fraudulent Chargebacks:
In the event a chargeback is submitted that Quell Shop considers to be fraudulent, Quell Shop reserves all rights to pursue any fraudulent chargebacks to the fullest extent of the law, including but not limited to litigation. By purchasing goods or services from Quell Shop, you expressly agree not to file any fraudulent chargeback requests. In the event Quell Shop pursues legal action against you for a fraudulent chargeback and is successful, you agree to pay any and all associated penalties, costs, and reasonable attorneys’ fees in connection with any such legal action.
Questions regarding our cancellation and return policies should be addressed via e-mail to support@jenniferfugo.com Attention: REQUEST FOR REFUND/CANCELLATION. These policies set forth are your sole and exclusive rights with respect to the return of products and services that you may purchase through our site.
10. Force Majeure
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
11. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.
12. Governing Law and Statute of Limitations
This site (excluding linked sites) is controlled by us from our offices within the State of Pennsylvania, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Pennsylvania, by accessing this site both of us agree that the statutes and laws of the State of Pennsylvania, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Pennsylvania and the United States District Court for the Eastern District of Pennsylvania with respect to such matters.
We make no representation that the products and services available through our site are appropriate or available for use in locations outside of the United States, and accessing them from territories where such products and services are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.