Purchase Terms and Conditions
High Five Health Group Inc. may revise these terms and conditions by updating this posting so be sure to check back regularly. By continuing to use this site after these terms have changed, you indicate your agreement with the revised terms.
Effective Date: October 28, 2022
Last Updated: October 28, 2022
These present General Conditions of Sales and terms of use as well as the privacy policy shall govern the users and customers (“you” or “your”) use of the website www.ebsupplements.com and associated webpages ("the Website") and your relationship with High Five Health Group Inc. or any of its affiliated companies (“HIGH5” "we", "our", or "us"). Before using the Website and/or placing an order, we kindly ask you to carefully review all the Terms and any additional conditions that may appear on the Website from time to time.
1. GENERAL CONDITIONS OF SALE
Each order placed with HIGH5 or any of its affiliated companies shall be governed by the present General Conditions of Sales. Unless otherwise provided in the present General Conditions of Sales, they shall apply to the exclusion of all other conditions. Our General Conditions of Sales may be modified from time to time by posting a new dated version on this Website. You are invited to read our General Conditions of Sales on a regular basis to be informed of these modifications. You will be subject to the General Conditions of Sales in force at the time you order from us, unless any change is required to be made to these by law or governmental authority (in which case it may apply to orders previously placed by you). You may exercise your right to cancel if you are not happy with the changes as they apply to your order. Any order placed through this Website can only be delivered to the United States. We regret that we cannot deliver elsewhere.
1.1 PRICES AND PAYMENT
The prices payable for the items you order are those displayed on this Website on the date you place your order, these are exclusive of applicable taxes and delivery charges which shall be calculated at checkout. Delivery charges, when applicable, will be billed at the rates indicated on the Website on the date you place your order, calculated in accordance with the size of the order and the delivery method you select. You will be advised of the delivery charges applicable to your order during the checkout process and before you place your order. The price of a product and delivery costs displayed on the Website and confirmed in your order confirmation will normally be honoured. HIGH5 reserves the right to modify the prices of its products in the future at any time and without notice. The modifications of prices will not apply to orders of products already confirmed by HIGH5.
In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order, we are not required to sell the products to you at the price shown. We always try and ensure that the prices of products shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the products that you have ordered, we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
You hereby confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment within 48 hours. In the event that the payment is still unsuccessful, we will give you at least 48 hours’ notice in advance of any further reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order in advance.
1.2 ORDER CONFIRMATION
All orders are subject to acceptance and availability. If the products ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order. Any orders placed by you will be treated as an offer to purchase the products from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase products on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or other account or (ii) dispatch the products to you or commence the services, whichever is the later, at which time we shall send you an e-mail confirming that the contract has been concluded (the “Dispatch Confirmation”). The contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation.
The products sold on the Website are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
1.3 RETURNS POLICY
All products purchased from ebsupplements.com and its authorized sellers are guaranteed for quality, purity and potency through their expiration date. Products purchased from unauthorized sellers do not come with the guarantee. When you receive your item, you must check it as soon as possible following receipt and always before use. Returns must be made within 30 days and require preauthorization. Any claims of shortage or damage must be made within 7 days of receiving package. All returns are subject to a 15% return fee.
To return your item contact us through email at support@ebsupplements.com or call us at 1 (888) 503-5099. You must inform our customer service team of your order number, the item you are returning and the reason for return. We will then provide you with a unique returns authorization number and will confirm the address you need to return the item to Please package the item securely and include inside the package your order number, name and address We may not be able to process your refund or replacement in the rare event that your item is lost in transit. If you request a replacement and the product is no longer available, we will process the refund back to the original method of payment used to purchase the item. Any item you have accepted and then return is your responsibility until it reaches our warehouse. Please therefore ensure that you send your item back to us using a delivery service that insures you for the value of the products.
1.4 TEXT MESSAGE TERMS & CONDITIONS
By Opting In to a Text Message Service:
You authorize HIGH5 to use automated and non-automated technology to send text messages to the cell phone number that you’ve shared when opting in, or which you’ve provided to us in connection with your account. You also authorize HIGH5 to include marketing content in any such messages. You do not have to Opt In or agree to Opt In as a condition of purchase.
After Opting In, in addition to our main messages, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In.
You are signing your Opt-In to the Text Message Service.
You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.
You consent to the use of an electronic record to document your Opt-In. To withdraw that consent, request a free paper or email copy of the Opt-In, or to update our records with your contact information, please email us at support@ebsupplements.com. To view and retain an electronic copy of these Terms & Conditions or the rest of your Opt-In, you will need (i) a device (such as a computer or cell phone) with internet access, and (ii) either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails. These Terms & Conditions still will apply if you withdraw the consent mentioned above or opt out of the Text Message Service.
About the Text Message Services and Opting Out
Message and data rates may apply. Unless otherwise noted, our text message campaigns send multiple, periodic recurring messages. HIGH5 may terminate any Text Message Service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these Terms & Conditions still will apply. You also can opt out by replying to our text with STOP or CANCEL. Your opt-out request may generate either a confirmation text or a texted request to clarify the Text Message Service to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification.
You consent to the handling of your information as described in the HIGH5 Privacy Policy.
1.5 LIABILITY
The photographs and texts illustrating and describing the products on this Website are non-contractual and for information purposes alone. HIGH5 shall not be liable in case of errors or omissions in the photographs or texts displayed on this Website. Without limiting the scope of these General Conditions of Sales and to the extent permitted by applicable law, HIGH5 ’s liability for losses you suffer as a result of our breach of these General Conditions of Sales or our negligence shall be no greater in amount than the purchase price of the products in respect of which damages are claimed.
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
Note that all statements and claims made on the website have have not been evaluated by the Food & Drug Administration. These products are not intended to diagnose, treat, cure or prevent any disease.
1.6 FORCE MAJEURE
HIGH5 will make every reasonable effort to fulfil its obligations. However, HIGH5 cannot be held responsible or liable for delays or failure to deliver caused by circumstances beyond its reasonable control ("Force Majeure"). Such circumstances include, without limitation, strikes and industrial action by third parties, civil commotion, riots, wars, natural catastrophes or any others that make impracticable or impossible the production, transportation or delivery of products. In the event of a delay caused by Force Majeure, HIGH5 ’s obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event. HIGH5 will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining product supply among customers in a fair and reasonable manner. If we cannot perform our obligations due to such an event, you may cancel your contract. To cancel, please contact us. You will have to return (at our cost) any relevant products you have already received, and we will refund the price you have paid, including delivery charges.
2. WEBSITE TERMS OF USE
The Website is provided on an ""as is"" and ""as available"" basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
While we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website, we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following: incompatibility of the Website with any of your equipment, software or telecommunications links; technical problems, including errors or interruptions of the Website; unsuitability, unreliability or inaccuracy of the Website; and failure of the Website to meet your requirements. To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to your use of the Website.
2.1 COPYRIGHT AND INTELLECTUAL PROPERTY
The content of our Websites and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of HIGH5 or its affiliated companies or are used with the authorisation of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law. Except as provided hereinafter, nothing contained on our Websites shall be interpreted or construed as granting you a licence or a right to use any such content of our Websites.
2.2 USE OF THE WEBSITES
You may download, display or print the content of our Websites solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission or broadcast of the content of the Websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of HIGH5. HIGH5 neither warrants, nor represents that your use of any content displayed on its Websites will not infringe rights of third parties.
2.3 REVIEWS
If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display the review throughout the world in any media. You grant us and our sub-licensees the right to use the name that you submit in connection with such content, if they choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
2.4 INFORMATION DEEMED NON-CONFIDENTIAL
Any personally identifying data and information that you may send via the Internet to our Websites are protected and treated according to our Privacy Notice. HIGH5 invites you to read such Privacy Notice carefully before providing us with any such personally identifying data and information.
Any other information or material communicated to HIGH5 through the Internet, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like, are and will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes the property of HIGH5 and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Specifically, HIGH5 is free to use any ideas, concepts, know-how, or techniques contained in any such communication you send to the Websites for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using such information. Any such use is without compensation to those providing the information, nor anyone else. By submitting information, you are warranting that you own the material/content submitted, that it is not defamatory, and that HIGH5’s use will not violate any third party’s rights. HIGH5 is under no obligation to use the information provided. Any advice or information, be it oral or written, obtained from HIGH5 or during the use of services made available on the Sites, shall not give rise to any guarantees which are not expressly provided for in the present Terms of Use.
2.5 LIMITATION OF LIABILITY
By accessing, using, browsing and navigating on our Websites:
You warrant that: you are legally capable of entering into binding contracts; you are at least 18 years of age; the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity.
You authorise us to transmit information and to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
You recognise and accept that, to the fullest extent permitted by applicable regulations, neither HIGH5, any of its affiliated companies, nor any other party involved in creating, producing or delivering the websites, may be held liable for any direct, indirect, or consequential damages, any injury to reputation, costs, losses, decrease in turnover or profits or liabilities of any nature whatsoever (even if the advent of such damage was known or could have been known by HIGH5), capable of arising from your access to, or use of, or on the contrary the impossibility to use, the websites or their content.
All materials which are downloaded or obtained by any other manner during the use of our websites are at your own risk and peril. HIGH5 assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from its websites or for any illegal intrusion or intervention in the it systems.
HIGH5 reserves the right to interrupt or discontinue any or all the functionality of its websites. HIGH5 accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its websites resulting from actions or omissions of HIGH5 or any third party.
2.6 Miscellaneous. The Terms shall be governed by the laws of the Province of Quebec, Canada. Each Party hereby irrevocably and unconditionally consents to and submits to the exclusive jurisdiction of the courts of the Province of Quebec, District of Montreal for any actions, suits or proceedings (“Proceedings”) arising out of or relating to the Terms and the transactions contemplated hereby. Each Party waives any objection to the venue of any contract arising out of the Terms or the transactions contemplated hereby in the courts of the Province of Quebec and waives and agrees not to plead or claim in any such court that any Proceeding brought in any such court has been brought in an inconvenient forum.
2.7 HOW TO CONTACT US
If you have any questions or concerns about this Privacy Policy or the practices described herein, you may contact us at support@ebsupplements.com or by mail to:
High Five Health Group Inc.
299, rue Montview
Rosemère, Qc J7A 2W2
Telephone: 1 (888) 503-5099