TERMS AND CONDITIONS

TERMS AND CONDITIONS

1. AGREEMENT

1.1 By browsing the website or placing an order, you unconditionally and irrevocably accept the terms and conditions set forth below.

1.2 These terms and conditions apply to you, the user of the website and your use of ellesparvictoriakult.com, website and social media platform, software, networks and related processes, including the purchase of products or services through the website.

2. DEFINITIONS

In this Agreement:
Agreement means the terms and conditions contained in this document, including the relevant terms and conditions of any order placed on the Website (if any).
Customer refers to the person named on an invoice or sales document from ellesparvictoriakult.com.
Products refers to the fitness or nutrition program and/or items listed in an order.

Intellectual property includes all intellectual and industrial property rights worldwide, present and future, and in particular rights concerning:

  1. inventions, discoveries and all new creations, whether or not registered or registerable as patents, patents or designs for innovation, including the evolution or improvement of equipment, technology, processes, methods or techniques;
  2. literary works, dramatic works, musical works, artistic works, motion pictures, television programs, sound programs, published works, and any other product in which copyright (including copyright and future copyright rights) may, or will, at the time of creation, exist anywhere in the world;
  3. registered and unregistered trademarks and service marks, including the added value of the products and services of the concerned business;
  4. trademarks, business or company names;
  5. Internet domain names, whether created before or after the execution date and including anything, tangible or intangible, that may incorporate, embody or be based on any of the subject matter referred to in paragraphs (a) through (f), including this definition.

Material refers to any information (including, but not limited to, data, source code and drawings) or images in any form (whether visible or not) stored or in use on the Website. Pre-Sale means products that are sold prior to being in inventory on or near the shipping date indicated on the website's product listing. Products means all items listed on the Website (for sale or otherwise). Website means the internet site located at the URL ellesparvictoriakult.com and operated by ellesparvictoriakult.com.

3. INTERPRETATION

In this Agreement:

  1. titles are for convenience only and do not affect the interpretation;
  2. and unless the context indicates a contrary intention:
  3. person includes an individual, the estate of an individual, a corporation, a government authority, an association or joint venture (whether incorporated or unincorporated), a partnership and a trust;
  4. reference to a person includes executors, administrators, successors and permitted assigns, including persons related by novation;
  5. reference to a document (including this Agreement) must recognize that any document may be revised, renewed, ratified or replaced from time to time;
  6. reference to $ refers to Canada’s legal currency
  7. reference to a law includes its delegated legislation and a reference to a statute or delegated legislation or a provision of either includes consolidations, amendments, re-enactments and replacements;
  8. reference to a law includes its delegated legislation and a reference to a statute or delegated legislation or a provision of either includes consolidations, amendments, re-enactments and replacements;
  9. if a word or phrase has a definite meaning, any other part of the text or any grammatical form of that word or phrase has a corresponding meaning;
  10. where any amount is payable on any day or any act, matter or thing is to be done on any day other than a business day, such amount shall be paid or the thing done on the next business day; and
  11. the word includes, in any form, is not limiting.

4. SITE USAGE

4.1 The Website may contain links to other websites. These links are provided for convenience only and may not be maintained. ellesparvictoriakult.com is not responsible for the content or privacy practices associated with linked websites.

4.2 You must ensure that your access to or use of the Website is not illegal or prohibited by any laws that apply to you.

4.3 You must take your own precautions to ensure that your access to the Website does not expose you to the risk of viruses, malicious computer code or any other form of interference that may damage your computer system. ellesparvictoriakult.com assumes no responsibility for any damage that may occur in connection with your use of the Website.

5. PRICES

5.1 Unless otherwise indicated, all prices on the site are in Canadian dollars.

5.2 All prices displayed on the site are subject to change without notice. Prices for items in an order are final once your order has been confirmed. Subsequent price changes, whether higher or lower, will not be applied retroactively to confirmed orders.

5.3 You agree to pay any additional duties and taxes that your country or state may impose on your order based on the actual value of the goods. You understand and acknowledge that these relevant duties and taxes may not be disclosed on the order confirmation and are fees imposed by your country's Customs Service and not by ellesparvictoriakult.com

5.4 You agree to pay all relevant delivery charges as calculated and listed in the order confirmation at the time of purchase.

6. PRODUCTS AND SPECIFICATIONS

6.1 The size of each product specified on the Website is an approximate representation of the actual size and dimensions of the product concerned. Variations in size may exist among different flavors of a product.

6.2 The label and container appearance of each product, as described on the website, may differ from the actual label and appearance.

6.3 The powder color (if any) and flavor of each product may vary slightly from batch to batch based on any differences that may exist in the raw ingredients used to manufacture the respective product. ellesparvictoriakult.com has implemented numerous quality control and compliance procedures to ensure that all raw materials used in the manufacture of the products meet the minimum raw material specification requirements imposed by ellesparvictoriakult.com

6.4 To the extent permitted by law, ellesparvictoriakult.com has no responsibility for allergic reactions or abuse of any product. It is your responsibility to review the ingredients, nutritional information and instructions for use of the product and determine if you may have an allergic reaction to any ingredient contained in the product. If you are allergic to any ingredient in the product and you consume it, you do so at your own risk.

7. ORDERS

7.1 You can place an order by following the instructions on the website. Your order will be transmitted by filling in the payment details and clicking on the "confirm" button.

7.2 Orders will be deemed to have been received by ellesparvictoriakult.com when ellesparvictoriakult.com sends an order confirmation to the email address provided.

7.3 ellesparvictoriakult.com will communicate with customers primarily by email. It is the customer's responsibility to ensure that contact information is entered correctly and that the email address provided for correspondence is checked regularly.

7.4 Every order (once confirmed) represents a separate agreement between ellesparvictoriakult.com and you.

7.5 ellesparvictoriakult.com reserves the right not to accept or cancel orders that require commercial quantities of goods.

7.6 ellesparvictoriakult.com, at its sole discretion, may cancel your order at any time prior to shipment of goods, including products sold in pre-sale.

7.7 In the case of a canceled order, the sums paid for this order will be refunded in full as soon as possible. You will receive an email acknowledging the cancellation and refund for that order.

7.8 ellesparvictoriakult.com declines all responsibility for orders refused or not accepted due to disturbances with Internet connections.

8. PAYMENT

8.1 You may provide your designated credit card during the purchase process described on the website.

8.2 Payment on the website can be made with PayPal or a valid credit card.

8.3 Payment for orders will be processed immediately after your order is confirmed.

8.4 If your chosen payment method triggers ellesparvictoriakult.com's suspicious transaction protocols, ellesparvictoriakult.com may contact you to verify additional details or cancel the transaction.

9. DELIVERY AND PRODUCT OWNERSHIP

9.1 ellesparvictoriakult.com will provide reasonable resources to ensure that all goods are delivered promptly and in a timely manner. However, from time to time, shipping or other factors beyond ellesparvictoriakult.com's control may cause delays. ellesparvictoriakult.com is not responsible for any loss or damage, direct, indirect or consequential, suffered as a result of such delays

9.2 The shipping date listed on the website is the expected date of shipment, reasonably estimated by ellesparvictoriakult.com and is subject to change without notice. When the scheduled shipment of a product is delayed by more than one week, customers will be notified by email to the address listed on their order.

9.3 ellesparvictoriakult.com will not deliver goods to PO Box addresses.

9.4 Goods will be delivered by Canada Post, Purolator or DHL, between 3 and 6 business days from the date of order.

9.5 Any remote training plan must be renewed every 8 weeks or the client will lose access to the online training platform without notice.

10. REFUNDS AND RETURNS

DIGITAL PRODUCTS

You must download digital products when you receive them. We cannot guarantee access to digital products through your account if it is not downloaded within 90 days.

No refunds will be issued on digital products, including all guides and remote plans. The reason for this is that the content is delivered instantly and therefore seen by the buyer.

Refunds may only be issued in the following cases:

  1. If a technical problem occurs and the contents have never been received by the customer, you are required to notify us within 30 days of the date of purchase.
  2. If the transaction was not a real transaction (credit card fraud, etc.).
  3. If there was a duplicate order or payment.

PHYSICAL PRODUCTS

No refunds or exchanges will be issued on physical products, including all elastic bands and Barbell pads. The reason for this is the limited availability of these products, making all sales final.

Refunds may only be issued in the following cases:

  1. If the item has been torn or broken, making it unusable.
  2. If the transaction was not a real transaction (credit card fraud, etc.).
  3. If there was a duplicate order or payment.

11. INTELLECTUAL PROPERTY

11.1 All intellectual property of any material on the website is the property of ellesparvictoriakult.com

11.2 Except as expressly permitted under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any material or any part thereof.

11.3 Nothing on this website shall be interpreted as a recommendation to use any information contained on the website in a manner that infringes the intellectual property rights of any person, company or entity. We make no representation or warranty that your use of the information on this website will not infringe such intellectual property rights.

12. OTHER WEBSITES

12.1 This website may contain links to other websites that are owned or operated by third parties. These links are provided solely for your convenience and may not be updated or maintained. We should not be construed as endorsing, approving, recommending or giving preference to such third parties or their websites, or to any information, products or services mentioned on such third-party websites, unless expressly stated. You access these websites at your own risk and should make your own inquiries regarding their privacy policies. We are not responsible for the information or privacy practices of such websites. We do not allow any links to this website without written authorization.

13. DISCLAIMER

13.1 We make no representations or warranties of any kind, express or implied, with respect to any information, content, materials or products included on this website or to its availability, functionality or performance, except as otherwise provided in this Agreement or any applicable law.

13.2 Neither we nor our officers, employees, agents and other representatives shall be liable for any loss or damage howsoever caused (including negligence or matters beyond our control) which you may directly or indirectly suffer in connection with your use of this website or any linked website, and we accept no liability for any such loss arising from your use of or reliance on the information contained or accessible on this website. To the fullest extent permitted by law, we disclaim all representations and warranties as to the completeness, accuracy, merchantability or suitability of the subject matter of this website.

13.3 Your use of the information on this website is at your own risk. To the extent permitted by law, we will not accept any liability from us, our officers, employees, agents and other representatives for any injury, loss or damage arising from the use of, or inability to use, the information on or linked to this website, or provided on this website by e-mail. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, business interruption, loss of data, income or profit, loss of or damage to property, and claims of third parties. If a liability cannot be excluded by law, we limit our liability to the update of the information or the relevant services.

13.4 You agree to compensate us, our officers, employees, shareholders, agents and others involved in the creation of this website for all damages, losses, penalties, fines, fees and costs (including legal fees) arising out of or in connection with the use of this website, any information you provide to us through this website or any damage you may cause to this website. This compensation includes, without limitation, liability for copyright infringement, defamation, invasion of privacy, trademark infringement and violation of antitrust laws.

13.5 The content of this website is not a substitute for formal, personal and professional medical care and diagnosis. None of the nutrition plans or fitness programs on the website should be interpreted or used without first receiving authorization from your physician or medical care provider. The information on this site is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or business and should not be relied upon in that regard. We are not medical professionals and nothing on this website should be construed in any other way.

13.6 Participation in the activities listed on the Website may present risks to individuals in poor health or with pre-existing physical or mental health conditions. Because these risks exist, you will not participate in any program available on ellesparvictoriakult.com if you are in poor health or have a pre-existing mental or physical condition. If you choose to take these risks, you do so voluntarily and in agreement, knowingly and willingly assuming all risks associated with such dietary activities. These risks may also exist for those who are currently healthy.

13.7 As with any fitness program, you assume certain risks to your health and safety. Any type of fitness program can cause injury, and ellesparvictoriakult.com is no exception. It is possible for you to get injured while doing the exercises in your program, especially if they are performed in the wrong way. Although detailed instructions are included on each exercise sheet, you must realize that ellesparvictoriakult.com (like any other exercise program) carries a risk of injury. If you choose to take these risks, you do so willingly and knowingly, knowingly and voluntarily assuming all risks associated with such physical activities. These risks may also exist for those who are currently healthy.

13.8 Victoria is not a doctor. Her advice, whether on the website, in her nutrition plans, fitness programs or through her training email, is supplemental to medical advice. You should consult your physician before beginning ANY nutrition or fitness program. You use the programs offered on ellesparvictoriakult.com and work out at your own risk, and ellesparvictoriakult.com is not responsible for any injury or health problems you may experience or even death as a result of using ellesparvictoriakult.com.

13.9 It should be clear to you that ellesparvictoriakult.com is in no way responsible for any injury or health problems you may encounter or even death as a result of using products or services offered by ellesparvictoriakult.com.

13.10 All transformations and testimonials on the site are real. These testimonials are not intended to represent typical product results. Rather, they are examples of what the most committed and determined people can achieve with these products. Your results may vary and you may not get the same results as someone else when using the services offered on ellesparvictoriakult.com due to differences in your exercise history, genetics, or personal motivation or persistence. The results you get will depend on you and your efforts.

14. GENERAL INFORMATION

14.1 ellesparvictoriakult.com reserves the right to modify the present terms and conditions without prior notice.

14.2 Any provision of these terms and conditions which is invalid or unenforceable may be waived without affecting the enforceability of the remaining provisions.

14.3 Any failure or delay by ellesparvictoriakult.com to exercise any power or right under these terms and conditions shall not constitute a waiver of such power or right, nor shall the exercise of any power or right by ellesparvictoriakult.com preclude its future ability to exercise such power or right or any other power or right.

14.4 To the extent permitted by law, with regards to this Agreement, these terms and conditions:

  1. summarize the entire agreement between you and ellesparvictoriakult.com and constitute the entire agreement between you and ellesparvictoriakult.com; and
  2. supersede any written or other agreement between you and ellesparvictoriakult.com (if any).