Terms of Sale
Last Modified: July 31, 2022
These Terms of Sale – Retail (“Terms”) are Additional Terms under HighBe Corp and are subject to and governed by the Terms of Use, including without limitation provisions limiting dispute resolution to non-class arbitration. By ordering products through any website, mobile application, telephonically, or any other medium that links to, or otherwise references, these Terms (“Products”), you agree to be bound by these Terms. You must be eighteen (18) years of age or older to order Products.
- Payment and Billing
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order.
Any payment terms presented to you for the purchase of Products or other services are deemed part of these Terms. You acknowledge that the amount billed may vary due to promotional offers, or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account for your purchase of Products. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to purchase Products, you agree to pay us, through the Payment Processor, all charges at the prices for the Products in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
- Pricing and Availability
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices of the Products, and to adjust any discounts or promotions that may be offered, as we may determine in our sole discretion, at any time and without notice.
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, items may go on back order when not available or may be discontinued.
- Coupons and Promotional Codes
Coupons and promotional codes provided to you are for your individual use only. You may not transfer, reproduce, trade, offer for sale, publish or otherwise share coupons and promotional codes unless the terms of the coupon or promotional code expressly allow you to do so. We reserve the right to cancel orders when we have reason to believe that any coupon or promotional code is being used by someone other than the intended recipient, or in the case of suspected abuse, misuse or fraud. We reserve the right to terminate a coupon or promotional code offering at any time and/or set expiration dates for such offers at any time and in our sole discretion. Coupon codes and promotional codes are not valid on prior purchases.
- Sales Taxes
We will collect applicable sales tax on Products shipped to the states, territories, or other jurisdictions for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
- Shipping and Handling
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third-party courier. When you purchase a Product from HIGHBE, any shipping times shown on the HIGHBE Site are estimates only. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export. All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third-party courier.
- Deliveries
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. From the time of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper and safe handling, preparation, storage, use and consumption of the Products following delivery. Failure to follow safe food handling practices may increase the risk of foodborne illness.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible.
- Return Policy
If you are dissatisfied with a Product and would like to inquire about a return, please contact the HIGHBE Customer Solutions team at 1-833-444-4231, Monday - Thursday: 9:00am to 6pm ET or Friday: 9:00am - 5:00pm ET. Prior authorization from the Customer Solutions team and proof of purchase is required for all returns. Only unopened items returned with prior authorization and proof of purchase within thirty (30) days of delivery will be accepted as returns. HIGHBE, in its sole discretion, will either replace or provide a credit for all Products accepted as returns. * A restocking fee of 20% of the purchase price of the Products will be charged for all returns. Reports of damaged Products or order discrepancies must be communicated to HIGHBE within seventy-two (72) hours of delivery in order to qualify for return. Products with labels that have been altered in any way are non-returnable.
*Shipping fees and return shipping costs are not reimbursed.
Please note: If shipping to a third party you are responsible for shipping charges which may incur. We do not allow for returns from third party shippers once an order has been reshipped.
Some individual products may have a separate refund policy. Please see individual product disclaimers on the respective product page to get more details about the refund policy of the product you order.
- Autoship Program
Benefits of Autoship
You also will be able to select how often you would like your Product(s) delivered. We reserve the right to change Autoship benefits at any time in our sole discretion, including discount amounts and eligibility used to determine discount amounts. All changes will apply to future orders, including for current subscriptions to Autoship.
Some of the offer details may change as you receive deliveries over time (for example, price, taxes, availability, shipping charges).
Notifications; Automatic Order Creation
When you order an eligible Product and enroll in Autoship, you will receive notice that your Autoship subscription has been created and that your first order will be processed. Your Autoship subscription will thereafter automatically create a new order according to your chosen delivery schedule, until you cancel. Prior to the processing of each subsequent order, you will receive a notice including your estimated ship date, last date to modify you order and estimated pricing.
We may, in our sole discretion, terminate your subscriptions at any time without notice. If we do so, you will only be charged for orders that have been shipped to you.
Eligible Purchases
Autoship benefits are limited to Products listed as eligible for Autoship, and then only if you select the Autoship delivery method. Subscriptions to Autoship are good while supplies last. Your participation in the Autoship program is personal to you, and you may not assign or transfer your subscription or any of the benefits to any third party without our authorization.
All returns under Autoship are subject to the Return Policy outlined above. Autoship subscriptions are void where prohibited.
Autoship Pricing; Payment; Renewal
The amount charged for an eligible Product will be the price of that item on the Site at the time your order is processed or lower. The total cost charged to your payment method for each Autoship order will be the price of the item, plus any applicable shipping and handling charges and sales tax.
The charge for each Autoship item shipment will be billed to the payment method used to create your subscription or as otherwise directed by you.
Your subscription will remain in effect until it is cancelled. You can cancel at any time through the Site by navigating to My Account – Orders – Autoship.
