Satisfaction Guarantee and Terms and Conditions
Savvier's "Satisfaction Guarantee" policy allows you to evaluate your purchases for up to 30 days. If you are not completely satisfied during this evaluation period, you can return your purchase to receive a full refund of the purchase price, minus shipping and handling charges. By keeping the product beyond the 30 day evaluation period, then you are agreeing to the Satisfaction Guarantee and Terms and Conditions, including the terms and conditions below. THE TERMS AND CONDITIONS BELOW CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.
You do not need to call before returning a product for a refund. Simply return the product to us (Bender Ball, 7850 Ruffner Avenue, Dept. 4000, Van Nuys, CA 91406) at your expense with appropriate shipment insurance. You should include your name, address and phone number to ensure the refund is applied correctly. Also include a note with a brief reason for the return, although this is not required to receive a refund. You must return all components, except any items advertised as free gifts.Savvier's customer service will issue a refund (either by credit card refund or by mailing a refund check) within 10 business days of receiving the returned merchandise, provided the return qualifies for a refund consistent with these terms. If the return does not qualify or is incomplete, then our customer service will attempt to notify you of the additional steps required to qualify for a refund. In the event a product is damaged during shipment to you, Savvier will ship a replacement at no additional charge, provided you notify Savvier's customer service of the damaged shipment within 5 business days of receiving it. If you desire replacement parts or components after 30 days, these can be purchased on our website or by calling customer service.
Customers who have enrolled in our Continuity Essential Boost or Risk Free Preview Video/DVD automatic ongoing shipments programs will receive their first Continuity shipment in 30 days, and then every other month. Essential Boost customers will receive a full 60 day supply of Essential Boost at the reserved price of $19.99 per month, plus $6.99 shipping and handling. Video/DVD customers will receive two new workout videos or DVDs at the reserved price of $19.99 per month, plus $6.99 shipping and handling. Customers may cancel all future shipments at any time by calling Savvier's customer service at 800-601-7088. To receive a refund on a shipment made prior to cancellation, just return the merchandise, as mentioned earlier in this Satisfaction Guarantee.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
You and Savvier agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration; and that any dispute between us, including disputes against any agent or affiliate will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association ("AAA"), and conducted under AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating an arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 778-7879. If you initiate an arbitration, Savvier will promptly reimburse you for any standard filing fee which may have been required under AAA's Procedures once you have notified Savvier in writing and provided a copy of the arbitration proceedings. The prevailing party in the arbitration may be awarded attorneys' fees, costs and reimbursement of filing fees. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against Savvier and may not preside over any kind of representative or class proceeding against Savvier. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST SAVVIER IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THE FOREGOING TERMS, YOU MUST TELL US IN WRITING AND RETURN THE PRODUCT WITHIN 30 DAYS OF PURCHASE, TO GET A FULL REFUND.