Product warning: Keep out of reach of children. Do not use if safety seal is damaged or missing. Store at room temperature. These statements have not been evaluated by the Food and Drug administration. This product is not intended to diagnose, treat, cure or prevent any disease.
ExtraMale ("Website") is operated by Shippitsa Limited(SC370865), Ellis Street, Fountain Business Center, Coatbridge ML3 5AA, UK ("Company", "we" or "our").
Please carefully read, understand and agree to these Ter`ms and Conditions prior to becoming a customer to the service that ExtraMale offers, as they constitute a binding legal agreement by and between the Site Operator and any person who choose to become a customer of the site and agree to the Terms and Conditions.
To help you get started, we offer our customers an 15-day trial use of our Product with automatic conversion to a regular purchase customer at the end of the trial. European regulation demands that customers get 14 days to try out products.
We want you to try the Product to determine if it is right for you. When you submit your order, you will receive the Product, subject to an 15 day trial use period, and you will be automatically billed as a customer unless you cancel. Your 15 day trial use period begins from the date on which we ship your product. If you do not cancel your Subscription by the end of the 15 day trial use period, you will be charged the full retail purchase of the Product, including the associated shipping and handling fee ("Shipping & Handling fee"). Please see the Cancellation and refunds section below for more details.
As consideration for each 30 day supply, we will charge you the purchase price of 89.95 USD for the Product plus a Shipping & Handling fee. The Shipping & Handling fee will be 4.95 USD for the Product we send to you, unless we apply a discount, which will be shown in your online shopping basket before you pay for the Subscription. We will charge you those fees as follows:
1.For the first 15 days, we will charge you the Shipping & Handling fee on your order date which is 4.95 USD and 9.95 USD for the trial package.
2.At the end of the 15 day period unless you return to us the product and indicate via the website that you have done so, you will be charged 89.95 USD for a 1 month supply of the product plus shipping and handling. Furthermore, you will be subscribed to a monthly recurring charge of 89.95 USD monthly for a new 30-day supply unless otherwise cancelled through our customer service team.
Credit card statement might read one of the following when purchasing products from us:
You may also make one-off purchases of our Products via the Website for which there is no trial period. If we are unable to supply you with the Products you have ordered, we will inform you of this and we will not process your order.
If we accept your order we will be under a legal duty to supply you with Products that are in conformity with our Agreement. After you place your order for any Products (whether it is a one-off purchase or an order for a Product trial) we will send you a letter to confirm your order.
We use a number of third party shipping agents to deliver our Products. All Products and Subscriptions purchased by you from the Company are therefore also subject to the relevant shipping agents shipment contract terms.
We will tell you in advance which shipping agent will be used to deliver your Subscription or Products and the relevant terms will apply to your order and form part of the Agreement. Please note that the risk of loss of the Products, and ownership of any Products you order, passes to you at the time we deliver the Products to you or a person identified by you to take possession of the Products (e.g. a neighbour or a third party carrier nominated by you).
Our Products are normally delivered within 3 to 5 business days from the order date. If you do not receive your Product within 5 business days after placing an order, please contact a Customer Service representative. Our Customer Service staff will provide an estimated delivery date and tracking information.
You can contact our Customer Service team using any of the means of contact set out at the bottom of this page.
CANCELLATION AND REFUNDS
By completing an order, you acknowledge, agree and understand that cancellation of a package order or a one-off order for Products is your sole responsibility and that these Terms and Conditions set forth your rights and remedies with respect to any dispute with the Company arising out of any charges or cancellation.
Before any Products are delivered, you have the following possibilities to cancel an order:
1. You may cancel an order if we change the terms of this Agreement to your material disadvantage.
2.You may cancel an order at any time before we dispatch the Products. We will confirm your cancellation in writing to you (which may include confirmation by e-mail). If you cancel an order before the Products are dispatched and you have made any payment in advance for Products that have not been delivered to you, we will refund these amounts and any Shipping & Handling fee to you. Unfortunately, if you cancel a one-off order and we have already dispatched your Products to you, we will not be able to cancel your order until it is delivered. In this case, the cancellation provisions below will apply.
Cancellation after the 15-day trial period:
If you cancel a one-off purchase of the Product outside the first 15 days after you receive the Product, you will not e eligible for a refund of either the Product retail price or the Shipping & Handling fee.
Cancellation of Package deal
Cancellation during the 15-day trial period
If you cancel a Subscription during your 15 day trial period, we will reimburse you the applicable Shipping & Handling fee and the product fee (9.95 USD) as long as:
You return the Product to us within 10 days of the date on which you cancel your Subscription at your own cost
You can produce a shipping receipt for the package dated before the expiration of the 15-day trial period
The Product has not been unsealed. If you have unsealed the Product when you return it to us, we will not reimburse the Shipping & Handling fee.
If you can fulfill all three of the criteria you will not be charged for any Products only shipping and handling.
Cancellation after the 15-day trial period:
Please note that any Subscription cancellations outside the 15 day trial period will be subject to our Returns Policy, which is set out below.
Please note that if any Product was damaged by the Company before or during shipment to you, the refund amount will be equal to the purchase price for the accepted, returned Product.
Cost of Returns:
If a Product has been delivered to you before you decide to cancel a one-off purchase or a Subscription, you will be responsible for the cost of returning the Products to us unless the Product is faulty or not as described.
How to Cancel:
If for any reason, you do not find that the Product is right for you, you may cancel by:
Calling our Customer Service center on +1 855-983-8726 or +44 01236-490-124
Returns Policy relating to cancellation of Subscriptions following the 15 day trial period
By completing an order, you acknowledge, understand and agree to be bound by this Returns Policy. A failure to follow the Returns Policy may result in our inability to authorize or process a refund. Adherence to the terms of the Returns Policy is strictly required and is your sole responsibility.
Given the nature of the Product, refunds requested in relation to any period of your Subscription following the 15 day trial period can only be processed in line with this.Returns Policy
When you cancel a Trial we will generate a return merchant authorization ("RMA") and allocate an RMA number to your cancelled order or Trial. To ensure the proper processing of a refund, and as a requirement of our Returns Policy, you must quote the RMA number in any dealings with us relating to your cancellation, including when you return any Products to us. If you do not quote the RMA number, we will be unable to process your cancellation and you will not receive a refund. Packages simply marked "Return to Sender" or "Refused", etc. will NOT be considered eligible for refunds. A refund request will require 3 to 5 business days for approval.
Our Product return address is:
Atn: Returns Department
ExtraMale Distribution Center 3636 N. Buckner BLVD Dallas, Texas, USA 75228
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
NOTHING IN THESE TERMS & CONDITIONS OR THE AGREEMENT EXCLUDES OR LIMITS OUR LIABILITY FOR:
DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE
FRAUD OR FRAUDULENT MISREPRESENTATION
ANY BREACH OF THE TERMS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979 (TITLE AND QUIET POSSESSION)
ANY BREACH OF THE TERMS IMPLIED BY SECTION 13 TO 15 OF THE SALE OF GOODS ACT 1979 (DESCRIPTION, SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND SAMPLES)
DEFECTIVE PRODUCTS UNDER THE CONSUMER PROTECTION ACT 1987
ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH LAW.
IF WE FAIL TO COMPLY WITH THE AGREEMENT, WE ARE ONLY RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREACH OF THE AGREEMENT OR OUR NEGLIGENCE. LOSS OR DAMAGE IS FORESEEABLE IF IT IS AN OBVIOUS CONSEQUENCE OF OUR BREACH, OR IF IT WAS CONTEMPLATED BY YOU AND US AT THE TIME WE ENTERED INTO THE AGREEMENT.
WE ONLY SUPPLY THE PRODUCTS FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE THE PRODUCTS FOR ANY COMMERCIAL, BUSINESS OR RESALE PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
TO THE EXTENT PERMITTED BY LAW, THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE EXTENT PERMITTED BY LAW, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND/OR THE INFORMATION, CONTENT, MATERIALS AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, OR OTHER TERMS, WHETHER EXPRESS OR IMPLIED.DISPUTE RESOLUTION:
Any dispute concerning any term of this Agreement shall be resolved solely and exclusively by arbitration to be held in the UK, which shall be deemed to govern this Agreement the benefits of which are acknowledged by you. Except as may be required to enforce an arbitration decision, you and the Company expressly waive the right to file any legal action in any other state or federal court or before any other tribunal, and the right to a trial by jury. Each party to such arbitration shall be responsible for its own attorneys™ fees and costs regardless of the outcome of the arbitration.ACCEPTANCE OF AGREEMENT:
You agree to the terms and conditions of this Agreement. This Agreement constitutes the entire and only agreement between you and Company with respect to your use of the Website and purchase of our Products, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect thereto. The content contained herein and/or the analyses, research, opinions and other information provided by or through the Website, through Customer Support, or through any other agent of the Company may be updated and/or amended from time to time, in whole or in part, at any time without specific notice to you. The latest terms of this Agreement will be posted on the Website. Your continued use of the Website following any updates or amendments shall constitute your acceptance of all of the Terms and Conditions contained within the Agreement in effect at that time. You agree to and shall regularly check the Website for such updates and/or amendments. Unless expressly stated otherwise, any future offer(s) or Product(s) made available to you by the Company on the Website shall be subject to the terms of this Agreement at the time of your purchase. The Company is not responsible or liable in any manner whatsoever for your inability to use the Website and/or to order Products. The Website and Products offered are available only to individuals who are at least eighteen (18) years of age and/or who can enter into legally binding contracts under applicable law. The Company reserves the right, in its sole discretion, to deny any order of anyone at any time and for any reason, whatsoever. You certify that you are eighteen (18) years of age and agree to provide true, accurate, current and complete information when asked for such information.
If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that Term or Condition shall be deemed severable and shall not affect the validity and enforceability of any remaining Term or Condition.
NOTICE - INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES AND REGULATIONS CHANGE PERIODICALLY. ACCORDINGLY, THE COMPANY RESERVES THE RIGHT TO MAKE CHANGES TO THIS TO WEBSITE AT ANY TIME. YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO ANY NEW OR AMENDED PROVISION OF THIS AGREEMENT THAT MAY BE POSTED ON THE WEB SITE.
Contact Us. If you have any questions about the Agreement, the Product, a Subscription and/or about the practices of Company, please feel free to call a Customer Service representative:
+44 01236 490 124