This page (together with the documents referred to in it) tells you the eCommerce Terms and Conditions on which we supply any of the products (the “Products”) listed on our website Careway Club.com (the “Site”) to you. Please read these terms and conditions carefully before ordering any Products from the Site.
These terms and conditions do not affect any of your statutory rights. However, it is important that you should understand that by ordering any of our Products from the Site you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
eCommerce Terms and Conditions Table of Contents
- INFORMATION ABOUT US
- ACCESS TO THE SITE
- YOUR STATUS
- HOW THE CONTRACT IS FORMED BETWEEN US
- PRICING AND AVAILABILITY
- ELECTRONIC COMMUNICATION
- OUR LIABILITY
- TRANSFER OF RIGHTS AND OBLIGATIONS
- EVENTS OUTSIDE OF OUR CONTROL
- ENTIRE AGREEMENT
- OUR RIGHTS TO VARY THESE TERMS AND CONDITIONS
- LAW AND JURISDICTION
1. INFORMATION ABOUT US
Careway Club.com is a site owned by Careway Wellness Center LLC a US company. The address for Careway Wellness Center LLC is 508 Main Street, Woburn, Massachusetts 01801.
2. ACCESS TO THE SITE
3. YOUR STATUS
By placing an order through the Site you warrant that:
- You are legally capable of entering into binding contracts.
- You are at least 18 years of age.
4. HOW THE CONTRACT IS FORMED BETWEEN US
A legally binding contract will be formed between us when
- You have confirmed to us that you wish to proceed with the purchase of one or more Products by submitting your order.
- We have confirmed to you that we will sell the Product(s) to you by sending you an order receipt.
- We have received payment of the price and any additional monies.
When your order has been completed you will receive confirmation of the Product(s) ordered, the price paid, the estimated delivery date and your allocated order number. If you wish to amend any part of your order once it has been accepted and payment has been made then you will need to contact us by one of the following methods:
- Email: [email protected] Club.com
- Telephone: (781) 933-2345
- Post: 508 Main Street, Woburn, Massachusetts 01801
We may decline to sell any product to you for any reason. We are not obliged to tell you the reason for our decision.
5. PRICING AND AVAILABILITY
As we proceed with your order you will receive a prompt from us if the Product you wish to order is no longer available. We may offer you the opportunity to purchase a Product of at least equivalent specification and value, to the one you have attempted to order. This will not happen if the Product you are trying to order is temporarily out of stock.
- Prices are subject to change at any time.
- Prices are exclusive of TAX and delivery.
- The end customer is the importer of record.
Careway Club uses Authorize.net to provide the highest level of security for payments processed through this store. Careway Club ensures your security by encrypting the connection when transmitting banking information on the network, and by safeguarding your financial data throughout the ordering and payment process.
Please note that if the security department suspects fraud, we have the right to cancel the transaction for security reasons. In most cases, you will be notified of authorization or fraud issues, if they occur, before you complete the check-out process.
Orders from Careway Club’s online store must be paid using a credit card. Your credit card data is sent securely to Authorize.net and is not seen or stored by Careway Club.
At Careway Club, we strive to make your shopping experience with us a positive one. So to ensure you receive your products in a timely manner, and to expand our ever-growing selection, we have partnered with our vendors to drop ship items directly to you from their locations. This process allows us to substantially reduce our shipping costs and pass those savings on to our customers.
Careway Club.com only ships to the Continental United States. If you are outside of this area and still wish to place an order. Please call us at 781-933-2345 so that we may assist you properly.
Our Ground Shipping Rates:
$4 per Package
$8 per Case
Free Shipping on orders over $100
The only exception to this policy is for Over Sized Items. With these items, we’re required to charge an additional fee. All items that are Over Sized will have a notice in its Product Description.
All returns must be authorized by Careway Club prior to receipt. Product must be returned within 30 day of purchase. Authorizations are valid for 30 days. Return goods authorizations (RGAs) must be arranged by phoning Customer Service at 1-781-933-2345. Unauthorized returns may be returned to customer at customer’s expense, destroyed by Careway Club at Careway Club’s discretion, or subject to additional charges without credit being issued to customer. This policy applies to all customers unless superseded by a separate written agreement that includes specific return goods terms and conditions.
After obtaining an RGA, each return must include the following information:
- Customer’s name, address and account number.
- RGA number.
- Original order number.
- Lot number and expiration dates where applicable.
Defective products are returnable with prior authorization. Non-defective products may be returned, if such products are in salable condition and suitable for restocking, provided customer has obtained prior authorization from Careway Club. Freight and restocking may apply as noted in the Restocking Fee section listed below. Product must be returned within 30 days of receipt.
The following conditions will not be considered for return.
- Products purchased more than one month prior to return request.
- Products considered hazardous materials.
- Special or custom products made to customer specifications or sold as non-returnable.
- Products returned in altered or damaged packaging, or in packaging other than original packaging.
- Packs broken, breached or damaged.
- Items in unsalable units of measure where product cannot be resold.
- Third party vendor products that require a vendor return authorization are subject to the vendor’s return policy and applicable fees.
- Issuance of an RGA number does not guarantee credit. Credit issuance is dependent on confirmed receipt/review of returned products and is subject to the other terms of this policy.
- Used Products
- Trusses, Chair Lifts, Undergarments & Personal Hygiene Products are all final sale.
Damages or Shortages
In an effort to minimize any delay in resolving a damage or shortage claim, customer is required to count all receipts prior to customer’s acceptance of delivery from the carrier. All damages or shortages must be noted on the carrier’s freight bill or bill of lading and be countersigned by the customer. The damaged products must remain in the original carton, in the event inspection is required by the transportation company. Customer must notify Careway Club of any damages in transit or product shortages within two (2) business days of receipt, or Careway Club shall have no obligation to process credit or arrange for product replacement. Contact Careway Club Customer Service at 1-781-933-2345 to report damages or shortages.
Products Shipped in Error by Careway Club
Customer must notify Careway Club of any shipping errors or disputes within two (2) business days of receipt. Products shipped in error by Careway Club are freely returnable for full credit, provided that such returns are made within thirty (30) days of receipt.
Defective product, properly noted damaged product and returns that are the result of a Careway Club error may be returned at Careway Club’s expense and for a full credit, subject to the other provisions of this policy.
|Return from Date of Invoice:||Re-stocking fee Percentage:|
|0 – 30 Days||5% / $25 minimum + Freight|
|Greater than 30 days||Not returnable unless expressly approved prior to receipt.|
9. ELECTRONIC COMMUNICATION
Applicable US laws require that some of the information we send you should be in writing. When you visit the Site or send emails to us, you are communicating with us electronically. We may communicate with you by email or by posting notices on the Site. For contractual purposes, you agree to this means of electronic communication and you acknowledge that all contracts, notices, information and other communications provided to you electronically comply with any legal requirement that such communications should be in writing. This condition does not affect your statutory rights.
10. OUR LIABILITY
We warrant to you that any Product(s) purchased from us through the Site is of satisfactory quality.
Our liability in connection with any Product(s) purchased through our Site is strictly limited to the purchase price of the Product(s). This does not include or limit in any way our liability for:
- Death or injury caused by our negligence
- Fraud or misrepresentation
- Any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence) breach of contract or otherwise, even if foreseeable.
Details of warranty periods and after sales service can be found in the appropriate User Instruction Manual for the Product(s) purchased.
All notices given by you to us must be given to us in writing by email or at the address detailed in item Section #4 above. We may give notice to you at either the email or postal address you provided to us when placing an order, or in any of the ways specified in above in Section #4. Notices will be deemed received and properly served immediately when posted on the site, 48 hours after an email is sent, or three days after the date of posting any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of email, that such email was sent to the specified email address of the addressee.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights and obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
13. EVENTS OUTSIDE OF OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether war declared or not) or threat or preparation foe war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
- Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport
- Impossibility of the use of public or private telecommunication networks
- The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
If we fail at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 11 above.
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions or provisions which will continue to be valid to the fullest extent permitted by law.
16. ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
17. OUR RIGHTS TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to policies and terms and conditions in force at the time that you order Product(s) from us, unless any changes to those policies or these terms and conditions is require to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the order confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Product(s)).
18. LAW AND JURISDICTION
Contracts for the purchase of Product(s) through the site will be governed by US law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of Massachusetts.