Privacy Policy
1. Products and Services for Personal Use
All Wellstry products available on our site, and any samples thereof that we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof you purchase or otherwise receive from us. This privilege is reserved only for our verified Wellstry distributors. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
2. Purchase Related Policies and Procedures
All orders are processed online. To ensure that shopping online is secure, your credit/debit card details will be encrypted to protect your privacy. Your credit card company may also do security checks to confirm it is you making the order. All order details and invoices will be sent with your products to the delivery address that you specify at the point of placing your order.
The price for each Product on www.wellstry.com is shown & paid in U.S. Dollar (USD).
We strive to ensure that the prices on www.wellstry.com are always accurate. If we discover an error in pricing of the products in your order we will inform you as soon as possible using the contact details you supply us with. We will then give you the option of reconfirming your order at the correct price or cancelling it. (If we are unable to reach you we will treat the order as cancelled). If an order is cancelled, any payment made for the products will be refunded in full.
You will be notified of the shipping costs automatically before you submit your credit card details, based on the shipping address you specify.
3. Accuracy of Information
We attempt to be as accurate as possible when describing our products on wellstry.com. We strive to make our digital color swatches as accurate as possible to the actual product color but due to different monitor settings and electronic devices colors may differ slightly. However, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on this site are accurate, complete, reliable, current, or error-free.
4. Intellectual Property
All information and content available on the Site and its “look and feel,” including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) are the property of wellstry.com, our affiliates, partners or licensors, and are protected by Chinese and international laws, including copyright and trademark laws. Except as provided for the limited license in Section 5 or as required by applicable law, you may not use, copy, duplicate, reproduce, sell, resell, visit, modify or otherwise exploit the Content or any portion of the Site, in whole or in part, for any purpose without our express prior written consent.
5. Limited Licenses
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the site. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the site or any and/or all Content (except caching or as necessary to view the site); (c) make any use of the site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other “hidden text” utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site. We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the homepage of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking. Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in thisSection 5 include hyperlink without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
6. Your Obligations and Responsibilities
When accessing or using this website, you shall comply with these Terms and Conditions and any special warnings or instructions for access or use posted on this website. You shall always act in accordance with law, custom and good faith. You shall not make any changes or modifications to this website or any content or service that may appear on this website or in any way impair the integrity or operation of this website. Without limiting the generality of any other provision of these Terms and Conditions, you shall be liable for all losses and damages that may be caused to our affiliates, partners or licensors if you negligently or willfully breach any obligation set forth in these Terms and Conditions.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
7. Your Account(s)
If you are thirteen (13) years of age or older, you may choose to register on our website. If you register, you will be provided with an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using this website on behalf of another person, you represent that you have the authority to bind that person as a principal to all of the terms and conditions provided herein, and if you do not have such authority, you agree to be bound by these terms and conditions and assume liability for damages resulting from any improper use of the website or content resulting from such access or use.
We reserve the right to refuse service and/or terminate accounts without notice if anyone violates these terms and conditions or if we determine, in our sole discretion, that it is in the best interest of wellstry.com to do so.
8. Third Party Links
We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
9. Special Features, Functionality and Events
The Site may offer certain special features and functionality or events (such as contests, sweepstakes or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.
10. Submissions
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant us full ownership of the Submission as if we had created, developed and posted the Submission for our own purposes. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
11. User Content
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 10 above. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam. “You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users. We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accountswithout prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
12. Copyright Complaints
We respect the intellectual property of others. If you believe that a work has been copied on the Site in a way that constitutes copyright infringement, please email: info@wellstry.com
13. Representations and Warranties; Limitation of Liability
THE SITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
14. Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
15. Disputes
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of China, as if the Terms and Conditions were a contract wholly entered into and wholly performed within China. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in China, and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners, or licensors, or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the applicable arbitration rules prevailing in China. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
16. Consent to Receive Notices Electronically by Posting on the Site and Via Email
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at info@kiarasky.com please include hyperlink and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section 5 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.
*Please note: This consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications.
17. General
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please email us at info@wellstry.com.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY
Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed; Identification of the copyrighted work(s) that you claim has been infringed;
A description of the material that you claim is infringing and the location of that material on the Site; Your address, telephone number and email address;
A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
E-Gift Card Terms & Conditions
1. Terms
Protect Card like cash. Card not valid for use until purchased and activated. Purchase, use or acceptance of Card constitutes acceptance of Terms. Usable up to remaining Card balance to purchase goods or services at wellstry.com. Not redeemable for cash unless required by applicable law. Card does not expire or incur fees. Card cannot be replaced if lost, stolen, or damaged. Issuer is not responsible for use of Card without authorization. For balance inquiry, additional and changed terms (Issuer reserves right to change Terms at any time), visit wellstry.com or contact info@wellstry.com
2. Gift Card Redemption
Wellstry eGift Cards are redeemable for merchandise at https://wellstry.com/
3. Returns
Wellstry Gift eGift Card are not eligible for returns or refunds.
4. Lost or Stolen Gift Cards
Wellstry eGift Cards should be treated like cash and safeguarded accordingly. If lost, stolen or damaged, Card will not be replaced.
Discount Code Terms & Conditions
Sales, promotions and discount codes are valid for a limited time only. Discounts codes are not combinable with any other offer or promotion, including but not limited to any items already discounted such as sale items, custom bundles, and collections. Discount codes cannot be used during site wide sales or on orders with automatic discounts. Discount Codes are subject to any limitations set forth in the promotional offer. Promo code expires on the date indicated in the promotional offer and may expire prior to actual use of the promo code, without liability to Wellstry. Codes must be used for the intended audience and purpose, and in a lawful manner. Codes cannot be used retroactively for prior purchases. Wellstry reserves the right to modify or cancel these offers at any time. Code may not be sold, copied, modified, or transferred. Codes have no cash value.
Beyond Pro Warranty Terms & Conditions
1. Summary
The obligations under this Limited Warranty are only to the Product’s original purchaser. The Products must be registered within 30 days from the initial date or purchase. Proof of purchase is required to register all Products. The Limited Warranty cannot be assigned or transferred.
The Company warrants that the Products will be free from defects in materials and workmanship when used normally in accordance to Wellstry’ published guidelines for a period of ONE (1) YEAR from the date of original retail purchase by the end-user purchaser (“Warranty Period”). Wellstry’ published guidelines include, but are not limited to, information contained in technical specifications, user manuals, and service communications. Your sole and exclusive remedies for warranty claims submitted pursuant to this Limited Warranty are as follows:
2. Limited Warranty
For all Products that contain or develop a material defect in materials or workmanship during the Warranty Period, the Company will do one of the following: (1) repair the Product or (2) replace the Product with a like product or (3) Issue a refund. The Company has the sole discretion to decide which of these three options to use. If the Company replaces the Product pursuant to this Limited Warranty, the replacement product will be covered by this Limited Warranty for the remainder of the Limited Warranty period.
3. What is not covered by warranty?
This Warranty does not apply to any non-Wellstry branded products or products purchased from unauthorized dealers. All products bought from unauthorized resellers are not qualified for the one-year manufacturer’s warranty.
This Warranty does not apply to: (1) normal wear and tear, (2) defects or damage that is caused by misuse, accident, neglect, abuse, alteration; modification, improper or unauthorized repair, water, or improper storage, (3) physical or cosmetic damages, or (4) adapter damage due to misuse, accident, neglect, abuse, alteration, or improper storage. The company is not responsible for damage arising from failure to follow instructions relating to the use of the Product. This Warranty will be voided if the Products have been altered, tampered with, adjusted, or repaired by an unauthorized party. This Warranty will be voided if label is removed from the product.
4. Warranty Claims Terms and Conditions
For Products experiencing manufacturing defects within the Warranty period, the Company will provide repair services or replace the item after the original purchaser files a claim. All products submitted for a claim must be covered under warranty. The Company is not responsible for any shipments lost in transit. To check on the status of the claim, the purchaser will need to provide the Serial Number of their machine. If a package does not include a copy of the proof of purchase, the repair will be rejected and returned to the original shipping address.