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TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF HEALY WORLD’S PRODUCTS
These Terms and Conditions govern the purchase of HEALY WORLD’s products made on the official website at https://asia.healy.shop/ (the “Website”) operated by HWI HEALY WORLD INTERNATIONAL PTE LTD (“HEALY WORLD”). They constitute a legally binding agreement between (i) a purchaser of HEALY WORLD products for purposes which are outside his trade, business, craft, or profession (hereinafter referred to as “Customer”) and (ii) HEALY WORLD as corporation legally established and existing under the laws the Republic of Singapore having its business address at 1 Paya Lebar Link, #04-01, Paya Lebar Quarter 1, Singapore 408533.
By placing an order for a HEALY WORLD product, you express your unconditional consent to be bound by these Terms and Conditions.
1. DEFINITIONS
For the purpose of these Terms and Conditions, the following definitions shall apply:
Customer: A Customer who purchases HEALY WORLD products for personal usage and does not engage in building a business or retailing product.
HEALY WORLD Product: All products and services provided by HEALY WORLD to Customers and Independent HEALY WORLD Members.
Independent HEALY WORLD Member: “IHWM” – An individual who purchases product, generates retail sales and business building bonuses (including those with different ranks, levels, titles, or paid as titles obtained per the Compensation Plan)
Right of Cancellation: The right of a Customer to withdraw from a Purchases contract concluded with HEALY WORLD as set out in these Terms and Conditions.
Purchase Contract: Any contract under which HEALY WORLD transfers or undertakes to transfer the ownership of a product to the Customer and the Customer pays or undertakes to pay the price thereof, including any contract having as its object both products and services.
Website: A virtual place of business HEALY WORLD established to transact products and services by using information and communications facilities such as computers in order to provide Customers with such goods and services.
2. PURCHASES
2.1 A Customer shall make a purchase order on the Website in the manner set forth below or otherwise in a similar manner, and HEALY WORLD shall provide the description for each of the following items in a way that promotes such Customer’s easy understanding:-
(a) search and choose a product;
(b) enter the recipient’s name, address, phone number, and email address (or mobile phone number);
(c) confirm acceptance to the content of the terms and conditions, services that the Right of Cancellation may not be exercised against and fees payable by the h Customer, such as delivery or installation fees;
(d) accept these Terms and Conditions and manifest the confirmation or rejection of the items listed in (c) above;
(e) confirm the purchase order and consent to the confirmation of the purchase order by HEALY WORLD and
(f) choose a payment method.
2.2 Upon HEALY WORLD’s acceptance of a purchase order placed by a Customer, a legally binding Purchase Contract between the Customer and HEALY WORLD, comes into effect.
2.3 A product order shall be deemed accepted by HEALY WORLD upon either:-
(a) the written acceptance of the order, which may be expressed via any means permitted by applicable local law, by HEALY WORLD, or
(b) the shipment of the product, which is subject of the order, by HEALY WORLD.
2.4 HEALY WORLD makes all reasonable efforts to provide a specific, clear and detailed description of the properties, price, and availability of any product offered by HEALY WORLD.
2.5 All product prices displayed in the official HEALY WORLD literature and on the official HEALY WORLD website are inclusive of applicable tax.
2.6 HEALY WORLD reserves the full right to cancel a product order without compensation, if exceptionally and despite HEALY WORLD’s best efforts the product, which is subject of the order, is displayed in the official HEALY WORLD literature or on the official HEALY WORLD website with an incorrect price.
3. SUBSCRIPTION OF HEALY FREQUENCY PROGRAM
3.1 Scope and use of the HEALY WORLD subscription
The HEALY WORLD subscription program grants you the right to use the HEALY WORLD Frequency Program and further services (“the Services”). The subscription may not be used by other people or organizations. We may offer some Healy Frequency Program as a lifetime purchase or on a monthly subscription base, individually or as a bundle of various Programs. The Services are subject to the subscription terms as follows.
3.2 Acceptance of the HEALY WORLD subscription
The HEALY WORLD subscription terms for the HEALY WORLD Frequency Programs are accepted by the Customer by placing the subscription order for any bundle beyond the lifetime bundle.
3.3 Duration and cancelation of the HEALY WORLD subscription
3.3.1 On purchases of a HEALY WORLD device the first 3 months of subscription will be included. The separately payable monthly subscription runs from the date commencing the third month of the Customer’s device purchase. On purchases of frequency programs only the payment will be due on the date of the Customer’s order of the HEALY WORLD Frequency Program until cancelation by the Customer. Cancelation is possible at any time by giving one calendar month notice by email office@healyworld.net . It does not matter if the cancellation is done at the start of the month or at the end of the month. The cancelation period starts on the 1st of the month following the cancelation. (Example: Customer cancel on October 3rd, the cancelation starts on November 1st and the contract ends on November 30th).
3.3.2 In the event the Customer filed for bankruptcy, the subscription will be terminated, and all HEALY WORLD Frequency subscription services will be terminated immediately, unless otherwise specifically agreed in writing between the Parties.
3.4 Price and payment terms
3.4.1 The prices are displayed in each subscription order. Such prices may vary due to price indices globally and Customers are entitled to a cancelation should he/she does not agree to a price adjustment. Payment of your HEALY WORLD Frequency subscription program shall be made upon Customer’s online order.
3.4.2 HEALY WORLD will not be responsible for any loss, damage, costs, expenses, or other claims of the Customer or any third party resulting from the suspension of the Services.
3.4.3 Fees for the HEALY WORLD Frequency Subscription programs shall be paid via credit card and prior to the first HEALY WORLD Frequency subscription order. HEALY WORLD offer and accept credit cards of VISA, Master Card, American Express, Apple Pay, PayPal, Google Pay, Samsung Pay, SOFORT. Important Notice: The list is not exhaustive and the separate privacy policies of the card providers apply at all times of transactions.
3.5 Operating stability
HEALY WORLD Frequency subscription programs will be provided at the highest possible degree of operating stability but is not responsible for any breakdown caused by factors beyond its control. Such breakdown includes but is not limited to power failures, errors occurring in modem equipment, ADSL connections, telecommunications connections or the like. In all events, HEALY WORLD aims to re-establish normal operations as quickly as possible.
3.6 Maintenance of the System
HEALY WORLD is entitled to make operational changes to the Healy Frequency programs for improvements or otherwise (for example by developing or updating software) without giving you prior notice. In some circumstances, it may be necessary to suspend access to the frequency programs, usually between 9pm and 6am CET. Notice of such a suspension will be given to you in advance. HEALY WORLD will not be responsible for any consequences of such a suspension where notice has been given.
3.7 Rights
The HEALY WORLD Frequency programs remains the full property of HEALY WORLD. Individually customized frequency programs software also remains the property of HEALY WORLD unless otherwise stipulated. HEALY WORLD may at any time transfer its rights and obligations under this agreement to any economic affiliate, subsidiary or business unit, or any of their affiliated companies or divisions. Except as provided above, the rights and obligations under this agreement may not be transferred to any third party without the written consent of the other party.
3.8 Liability of HEALY WORLD
3.8.1 HEALY WORLD has taken reasonable measures to ensure that the frequency programs are virus-free but no warranty is given that the programs are free from infection from viruses etc., and Healy shall have no liability if this is not the case. To the extent permitted by local law, Healy disclaims all warranties with respect to the frequency programs, either express or implied, including but not limited to any implied warranties of suitability or fitness for any particular purpose.
3.8.2 HEALY WORLD shall not be liable to the Customer for any loss or damage caused arising directly or indirectly, except to the extent that such liability may not be lawfully excluded under the applicable local law. Except for death or personal injury caused by negligence of HEALY WORLD , its employees, agents or authorized representatives, for which no limit applies, HEALY WORLD’s liability will be limited to the lesser of the value of payments made by you for the period of 12 months before the occurrence of the incident giving rise to the liability.
3.9 Data Privacy and Confidentiality
3.9.1 HEALY WORLD’s Data Privacy Policy is applicable. HEALY WORLD has taken the necessary technical and organizational security measures to prevent information saved by the frequency programs and Apps from being accidentally or illegally destroyed, lost or wasted and to prevent such information from falling into the hands of any unauthorized party, being misused or otherwise treated in a way contrary Healy’s privacy policy.
3.9.2 Healy is bound by secrecy in respect of any information received about you and will not disclose such information to any third party except where it is required to do so by any court or regulatory authority and then only to the extent necessary.
4. PAYMENT
Payment on a product order shall be received at the time of ordering. Unless full payment has been received, HEALY WORLD will not start processing delivery of a product order.
5. DELIVERY
5.1 A product order is delivered to the address the Customer has communicated to HEALY WORLD.
5.2 HEALY WORLD makes all reasonable efforts to provide delivery of any product order no later than 30 calendar days from the day of conclusion of the Purchases contract or such other period to be agreed by both parties. Any other time referred to by HEALY WORLD for delivery shall be deemed as a not binding estimate only.
5.3 HEALY WORLD is not liable for any loss, of whatsoever kind, resulting either directly or indirectly from HEALY WORLD’s failure to meet any estimated time of delivery.
5.4 HEALY WORLD reserves the right not to refund any delivery fees paid by the Customer if the Customer thereafter wishes to change the mode of delivery to a lower-priced delivery option or to self-pickup or to a new delivery address which cost is lower after the delivery fee is paid and the delivery is initiated. HEALY WORLD also reserves the right to demand for any additional delivery charges incurred if the Customer thereafter wishes to change the address provided earlier or to change the mode of delivery to a higher priced delivery option.
5.5 HEALY WORLD reserves the full right to deliver a product order or any part thereof in advance of the estimated delivery date.
5.6 The risk of loss of or damage to the product, which is the subject of an order, shall pass to the Customer (a) when the Customer or a third party indicated by the Customer and other than the carrier has acquired the physical possession of the product; or (b) upon delivery of the product to the carrier if the carrier was commissioned by the Customer to carry the product and that choice was not offered by HEALY WORLD , without prejudice to the rights of the Customer against the carrier.
5.7 Notwithstanding any limitations on delivery and/or the passing of risk, HEALY WORLD shall retain property in and title to any product until HEALY WORLD has received full payment for all products, which are subject of an order.
6. LIABILITY
6.1 HEALY WORLD’s liability against the Customer for any direct damage is limited to the invoice amount of the product order, except for damages related with hidden defects of the product, loss of life or bodily injury of the Customer, or in case of intent and/or gross negligence on the part of HEALY WORLD.
6.2 HEALY WORLD bears no responsibility for any damage resulting from incorrect use of the product by the Customer.
6.2 HEALY WORLD bears no responsibility for loss of life or bodily injury due to pre- existing medical conditions of the Customer.
7. RIGHT OF CANCELLATION
7.1 The Customer has the full right to withdraw from the Purchase Contract concluded with HEALY WORLD in accordance with local law, without stating any reason, within FOURTEEN (14) days from signing, during which Customer may, on reasonable commercial terms, cancel an order or contract and receive a full refund of their money.
7.2 The withdrawal period set forth in Section 7.1 expires after the period from the date on which the Customer received a copy of the Purchases Contract. If a copy of the Purchases Contract was received later than the date of delivery, then the withdrawal period set forth in Section 7.1 expires after the period from such date of delivery. For the purpose of this Section 7.2, the date of delivery shall mean: (a) the day on which the Customer or a third party other than the carrier and indicated by the Customer acquires physical possession of the product, or (b) in the case of multiple products ordered by the Customer in one order and delivered separately, the day on which the Customer or a third party than the carrier and indicated by the Customer acquires physical possession of the last product, or (c) in the case of delivery of a product consisting of multiple lots or pieces, the day on which the Customer or a third party other than the carrier and indicated by the Customer acquires physical possession of the last lot or piece.
7.3 For the purpose to exercise his/her Right of Cancellation the Customer can use the Model Withdrawal Form available on the official HEALY WORLD website.
7.3 If a Customer has used or consumed the product that would be returned after the exercise of the Right of Cancellation, HEALY WORLD may invoice the following amounts to the Customer:-
(a) The amount required to supply a consumable part if the returned product may not be resold or the repurchase price is significantly decreased because of the
Customer’s use of the returned product; and
(b) The amount paid for supplying a consumed part of the returned product if the returned product consists of several equal parts.
7.4 During the Period set forth in Section 7.2 and, in any case, until the Customer sends the product back to HEALY WORLD, the Customer is obliged to handle the product and the packaging with care. The Customer may only unpack, utilize and inspect the product to the extent that is necessary to establish the nature, the characteristics and the functioning of the product.
7.5 The Customer is liable for depreciation of the product that is the result of a way of handling the product that goes beyond allowed in Section 7.6.
7.6 To the extent that may be applicable, the Right of Cancellation does not apply to:
(a) The product is damaged or destroyed for a reason attributable to a Customer;
(b) The value of the product has been significantly diminished due to the Customer’s use or consumption of the product or service;
(c) The value of the product has been significantly diminished due to the time elapsed.
(d) The product is a type of products that may be reproduced, and the packaging of the product returned is damaged;
(e) the product was produced specially in accordance with the Customer’s order, HEALY WORLD is likely to sustain a severe and irrecoverable loss if the Customer is allowed to withdraw or cancel the relevant contract (hereinafter referred to as “withdrawal of subscription, etc.”); and HEALY WORLD has separately informed the Customer thereof with regard to the relevant transaction and obtained the Customer’s written consent thereto.
7.7 Notwithstanding the foregoing or anything else to the contrary in these Terms and Conditions, paragraphs (b)~(d) shall not apply and the Customer may exercise the Right of Cancellation if HEALY WORLD has not provided the fact that the Customer may not withdraw in the packaging or otherwise in a manner that clearly visible to the Customer or has not taken a measure such as providing a sample product.
(a) A sealed product which is not suitable for return due to health protection or hygiene reasons and the seal of which is broken after delivery,
(b) A product which is not prefabricated, but manufactured according to the Customer’s specifications on the basis of an individual choice or decision of the Customer, or which is clearly intended for a specific person, and
(d) A digital content which is not supplied on a tangible medium, but only if the performance has begun with the Customer’s prior express consent and the Customer’s acknowledgment that the Customer thereby loses the Right of Cancellation.
7.8 Notwithstanding the foregoing or anything else to the contrary in these Terms and Conditions, if a product or service is different from what has been labeled or advertised or the content of the Purchase Contract, a Customer may exercise the Right of Cancellation within six (6) months after such product or service was delivered.
8. HEALY WORLD CUSTOMER SATISFACTION GUARANTEE
8.1 HEALY WORLD’s products come with a warranty period of TWO (2) years limited to the Healy Devices (not applicable for HEALY WORLD’s accessories unless required under local law) and this warranty cannot be excluded under the local law and Customers are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage in accordance with the provisions of the local law.
8.2 HEALY WORLD provides a satisfaction guarantee in respect of HEALY WORLD products, which is available at https://asia.healy.shop/
8.3 For defective and damaged products, please refer to HEALY WORLD Return Policy For Defective or Damaged Products
8.4 The HEALY WORLD Customer Satisfaction Guarantee (“HCSG”) supplements the Consumer’s statutory rights as provided by local law and in no way affects any of these rights.
8.5 HEALY WORLD reserves the full right to abrogate the HCSG or modify its terms, in whole or in part, from time to time, to the extend permissible under the local law, by providing notice of such changes in the official HEALY WORLD literature, or on the official HEALY WORLD website, or by any other mechanism permitted under the local law.
9. COMPLAINTS AND DISPUTES
9.1 The Customer may address to HEALY WORLD any complaint in connection with a Purchases contract, which is subject to these Terms and Conditions, by using the contact details set forth in Section 12.
10. APPLICABLE LAW
10.1 The formation, construction, interpretation, and enforceability of a Purchase contract between HEALY WORLD and a Customer, which is subject to these Terms and Conditions, and all claims arising from or relating to such a contract is governed by the laws of the Republic of Singapore and the exclusive venue for any dispute arising herein, shall be in Singapore.
10.2 Nothing in these Terms and Conditions shall prejudice the rights of a Customer according to mandatory provisions of the applicable law.
11. SEVERABILITY
If one or more provisions of these Terms and Conditions are or become invalid or void, the remaining provisions of these Terms and Conditions are not thereby affected but remain in full force and effect.
12. CONTACT DETAILS
Business address: HWI HEALY WORLD International Pte Ltd
1 Paya Lebar Link, #04-01Paya Lebar Quarter 1 Singapore 408 533
Operation hours: Monday to Friday from: 9 am – 5 pm
Email address: cs-sg@healy.world
Tel No: +6569558509
