Terms and Conditions of Healy World in the United States of America

FOR THE PURCHASE OF HEALY WORLD PRODUCTS AND THE SUBSCRIPTION TO A HEALY PROGRAM

1.     APPLICABILITY

1.1. General information on these Terms of Use 

Thank you for visiting https://us.healy.shop/. Access to and use of the content, information, and services available on this website are subject to acceptance and compliance with the terms and conditions set out below in their latest version. We encourage you to read these terms carefully before using our website. BY ACCESSING IT, YOU ENTER INTO A LEGALLY BINDING AGREEMENT WITH HEALY WORLD, WHICH GOVERNS YOUR USE OF OUR WEBSITE, INCLUDING ALL SERVICES AVAILABLE ON IT, AS WELL AS ANY PURCHASES OF HEALY WORLD PRODUCTS OR SUBSCRIPTIONS TO PROGRAMS OFFERED BY US. 

1.2. Acceptance of terms 

By registering, subscribing to paid services or purchasing products or other content, you agree to these Terms and Conditions. By accessing or using a website or service controlled by Healy World, you also agree that you are legally authorized to accept the Terms and Conditions on your behalf and on behalf of all parties you represent in connection with your use of a website or service. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE ANY WEBSITE OR SERVICE.

2.     ORDERING PROCESS

2.1. Details required for placing orders 

The customer shall place orders with the Company in a manner acceptable to the Company, clearly providing product reference numbers, desired quantities and expected delivery dates. Orders placed verbally or by e-mail or fax will not be accepted.

2.2.  Conditions and restrictions of the Company

Acceptance and confirmation of all orders by the Company shall be subject to the terms set out in this Agreement. The Company reserves the right, in its absolute discretion and without incurring liability, to refuse any order from the customer. In addition, the Company may, without liability, refuse to sell or ship any product if it believes that such sale or shipment would violate applicable laws in the United States or other countries.

2.3. Prohibition on modification or reverse engineering

The customer agrees to support the Company and its original products, refraining from copying, reverse engineering or promoting the products as if they were their own creation.

3.     60-DAY SATISFACTION GUARANTEE

Healy World is committed to providing you with the highest quality products and ensuring your satisfaction. Therefore, the company is pleased to offer a 60-day satisfaction guarantee on the dietary supplement Elements by Healy World®.

3.1.  Terms and Conditions of the refund of Elements by Healy World® under this guarantee

3.1.1 Eligibility 

This guarantee applies to first-time purchases of our dietary supplement Elements by Healy World® product only. Subsequent purchases of the same product are not eligible for this satisfaction guarantee.

3.1.2 Guarantee Period

The satisfaction guarantee is valid for 60 days from the date of purchase.

3.1.3 One-Time Courtesy Return 

If, for any reason, you are not completely satisfied with your first-time purchase of our food supplement within the 60-day period, you are entitled to a one-time return for a full refund of the purchase price.

3.1.4 Return Process

To initiate a return, please contact our Customer Care team through the live chat feature on our Healy Shop or by submitting a ticket via the Healy Support Center within the 60-day satisfaction guarantee period. You will then receive detailed instructions on how to proceed with the return.

3.1.5 Condition of Product

The returned product must be in its original packaging. Partially used products are also eligible for return under this guarantee.

3.1.6 Exclusions

This satisfaction guarantee does not apply to any subsequent purchases of the same product, which are not eligible for return or refund.

3.1.7 Non-transferable

This guarantee is non-transferable and applies only to the original purchaser of the product.

3.2. Refund Policy under this guarantee

3.2.1 Initial Purchase Return

If you are not satisfied with your first-time purchase of our dietary supplement Elements by Healy World, you may return it within 60 days of the purchase date for a full refund. This is a one-time courtesy return policy.

3.2.2 Return Procedure

To start a return, please contact our Customer Care team via the live chat feature on our Healy Shop, or by submitting a ticket via the Healy Support Center within the 60-day satisfaction guarantee period. You will receive detailed instructions on how to proceed with the return.

3.2.3 Packaging

Please return the product in its original packaging. Partially used products are eligible for return under this policy.

3.2.4 Refund Processing 

Once we receive the returned product, we will process your refund within 10 days. Refunds will be issued to the original method of payment.

3.4.5 Subsequent Purchases

Returns or refunds are not accepted for any subsequent purchases of the same product.

3.4.6 Shipping Costs

The customer is responsible for the shipping costs associated with returning the product.

4.     “FAST START” PROMOTION

4.1. Benefits of the “Fast Start” Promotion

The “Fast Start” promotion is designed to reward Healy World members who, just after joining, successfully onboard new members who purchase Healy World products. Rewards are awarded in two stages: “Onboarding + 1” and “Onboarding + 2”, indicating that the new member’s enrolment and product purchase must occur within the first or second month after joining. For more details on the “Fast Start” promotion, we invite you to consult the brochure available in the download section of our BackOffice.

4.2. Get a “Device Bonus” with “Fast Start”

By participating in the “Fast Start” promotion, you have the opportunity to receive a Healy World device free of charge as a bonus (options: Healy Gold Edition, Healy Holistic Edition, Healy Resonance Edition or Healy Resonance Plus Edition), depending on your qualification level.

4.3. Fast Start Device Conditions

Devices obtained through the Fast Start promotion are considered a business gift and become the property of Healy World members. THESE DEVICES ARE NOT TO BE RESOLD AND ARE GIVEN FOR THE SOLE PURPOSE OF SUPPORTING THE MEMBER IN PROMOTING THER BUSINESS WITHIN HEALY WORLD.

5.     REWARDS 

5.1. Promotion

The “Rewards” promotion is designed to reward Healy World members who earned benefits through “Fast Start”, promotions or incentives. The list of rewards is available in the shop account, under “Rewards”. You can select the reward you want to redeem, make sure to verify your delivery address and click on “order”. Please, note that the maximum period to redeem your rewards is up to three months. If you don’t redeem your rewards within the 3 month period, they will expire and will be listed under “Expired“, under the rewards tab. 

5.2. Get a “Device Bonus” or a “Subscription Bonus” with “Rewards”

By participating in the “Rewards” promotion, you have the opportunity to receive a Healy World product free of charge as a bonus, depending on your qualification level. 

5.3. Rewards Conditions

Devices obtained through the Fast Start promotion are considered a business gift and become the property of Healy World members. THESE DEVICES ARE NOT TO BE RESOLD AND ARE GIVEN FOR THE SOLE PURPOSE OF SUPPORTING THE MEMBER IN PROMOTING THEIR BUSINESS WITHIN HEALY WORLD. 

6.     SCOPE AND USE OF THE HEALY WORLD SUBSCRIPTIONS

In addition to purchasing a Healy device or our vitamin strips Elements by Healy World®, you can also take out a Healy World subscription via the website. 

6.1. Subscription for the devices 

The Healy World subscription grants you the right to use the Healy Frequency Programs, the Business Suite Programs and other services contained therein (“the services”). 

6.2. Subscription for the vitamin strips 

When purchasing the vitamin strips, you have the possibility to purchase a monthly subscription with automated shipping. The acquisition of vitamin strips does not require a subscription to our automated shipping program.

6.3. The Healy World subscription may not be used by other persons or organizations.

6.4. We may offer some services on a monthly subscription basis, individually or as a bundle of different programs. 

7.     DURATION AND CANCELLATION OF HEALY WORLD SUBSCRIPTIONS 

7.1. Duration and renewal of the Healy subscription

A paid Healy subscription for your Healy or MagHealy has the minimum duration you choose when you sign the contract. If the paid subscription is not cancelled with one month’s notice before the end of the month, it is automatically renewed indefinitely depending on the type of subscription. If you have not cancelled the initial paid subscription or have not done so in time, you can cancel the renewal subscription at any time with one month’s notice. 

7.2. Duration and renewal of the Healy and MagHealy subscription

A paid Healy or MagHealy subscription has a minimum duration that varies depending on the type of subscription you choose. IF THE PAID SUBCRIPTION IS NOT CANCELLED WITH ONE MONTH’S NOTICE BEFORE THE END OF THE MONTH, IT IS AUTOMATICALLY RENEWED INDEFINITELY DEPENDING ON THE TYPE OF SUBSCRIPTION.

1-month subscription (automatically renews for another month after expiry), 

3-months subscription (automatically renews for another three months after expiry), 6-months subscription (automatically renews for another six months after expiry), 

12-months subscription (automatically renews for another twelve months after expiry).

If you have not cancelled your initial paid subscription or have not cancelled it in time, you can cancel your renewal subscription at any time with one month’s notice. 

The option to renew a subscription with the maximum duration is only allowed after cancellation of the current subscription. In case of switching to a subscription with a longer duration in an existing subscription, the monthly payment date of the first subscription will remain valid until its expiry.

MagHealy: The following discounts apply to subscription with longer durations and/or additional MagHealy applications:

3-months subscription = 5% discount; 

6-months subscription = 10% discount; 

12-months subscription = 20% discount; 

3 MagHealy applications = 33% discount.

In case of simultaneous purchase of a MagHealy and a subscription, we grant an extension of the subscription for 15 days, which includes the delivery period of the device. This period is granted after an expired subscription. Healy World grants this fixed subscription extension after an expired renewal subscription. 

HEALY WORLD RESERVES THE RIGHT TO UNILATERALLY MODIFY OR TERMINATE THESE SPECIAL TERMS AND CONDITIONS AT ANY TIME WITHOUT GIVING REASONS. 

7.3. Duration and renewal of the Business Suite subscription

The Business Suite program offers three distinct subscription plans, each including a variety of modules:

·       Sharer Bundle

·       Team Builder Bundle

·       Leader Bundle

Please be aware that the names of these subscriptions are independent titles and do not correspond to the IHWM titles for Healy World members.

Additionally, to register for the Business Suite subscription, you must be in possession of a Healy device and use the HealAdvisor analysis app. You can only gain exclusive access to the Business Suite program with both products.

The subscription for Business Suite is on a monthly basis, with a minimum duration of one month. If the paid subscription is not cancelled with one month’s notice before the end of the month, IT IS AUTOMATICALLY RENEWED INDEFINITELY.

7.4. Duration and renewal of the automated shipment subscription

             The automated shipment subscription for the vitamin strips is on a monthly basis, with a minimum duration of one month. If the paid subscription is not cancelled with one month’s notice before the end of the month, IT IS AUTOMATICALLY RENEWED INDEFINITELY.

7.5. Cancellation of subscription 

Please note that monthly subscription fees are payable from the date of order and on the same calendar day of the following month. If you have chosen a 3- or 6-months subscription, you can cancel it in your shop account 1 day before the end of the subscription period. The subscription is automatically renewed for the same period if it has not been cancelled in your shop account. The only exception is the 12-months subscription, where a monthly cancellation is allowed after the end of the minimum period (12 months).

You may cancel any Healy World subscription(s) that you no longer desire by simply clicking the button in the Healy World Shop, under the tab “Subscription Management”, or by sending a message to mail to: contact.amer@healy.world. 

8.     UPDATES TO THE TERMS OF SUBSCRIPTIONS 

Healy World reserves the right to adjust the prices of its subscriptions at specific times to reflect variations in the costs associated with the provision of our services. These adjustments may be due to variations in production costs, licensing, technical implementation, customer support, distribution (including billing and payment processes, marketing), administrative and other operational costs, as well as governmental charges such as taxes and duties.

In the event of a price increase, Healy World undertakes to inform its customers at least 30 days in advance via email, using the address provided during registration. This communication will include specific details of the right of customers to cancel their subscription under these exceptional circumstances, the deadline for doing so, and the implications of not cancelling before the deadline. If cancellation is not made, the new price will apply from the next billing cycle of the subscription. Certain periods reflect the impact of changes in the costs associated with our service. Cost factors affecting the price of our subscription offerings include production and licensing costs, costs associated with technical implementation, customer service and other distribution costs (e.g., billing and payment, marketing), general administrative and other overhead costs (e.g., rents, interest and other finance charges, staff costs, service providers and services, IT systems, energy), and government-imposed charges such as taxes and duties. Healy World will notify its customers of any price increase at least 30 days in advance by e-mail to the address provided at registration. Within the scope of the notification of the price increase, Healy World shall also specifically inform its customers of the extraordinary right of cancellation, which applies exclusively to price adjustments, of the cancellation period and of the consequences of a cancellation that is not affected in time. If the subscription is not cancelled, the new price will be applied to the customer as of the next monthly subscription charge date.

9.     TERMS OF PAYMENT AND RESERVATION OF OWNERSHIP

9.1. Pricing policy and Payment methods available

The prices are displayed in each subscription order. Such prices may vary due to price indices globally and you are entitled to a cancelation should you not agree to a price adjustment. Payment of your Healy World subscription program shall be made upon your online order. Healy will not be responsible for any loss, damage, costs, expenses, or other claims of you or any third party resulting from the suspension of the Services. Fees for the Healy Subscription programs shall be paid via credit card and prior to the first Healy subscription order. 

On our website Welcome to Healy World – Healy Shop USA, we offer and accept a number of secure payment options, including credit cards through Payabl: VISA, and Master Card, as well as  PayPal and Klarna. Important Notice: The list is not exhaustive and the separate privacy policies of the card providers apply at all times of transactions.

9.2. Payment options for Subscriptions

Subscription fees must be paid by credit card before placing your first subscription order. We accept a wide range of payment methods, credit, or debit cards. It is important to note that the privacy policies of each payment provider apply.

9.3. Payment Completion Conditions 

Payment must be made before the order is shipped.

Ownership of the goods is transferred from the seller to the customer only when full payment has been received and confirmed by the company, ensuring that the funds have been fully cleared.

10.  SHIPPING POLICY

Unless otherwise agreed in writing, the products are delivered FOB (Free On Board) to the selected carrier.

11.  CANCELLATION AND REFUND 

If you decide to cancel your purchase of a physical product, you have the right to do so within 14 days of receipt of the product, without giving any reason. To exercise this right, you must notify us in a clear statement. Products must be returned in their original condition. Specifically, vitamin strips must be unopened, unused, and undamaged, remaining in their original packaging. Additionally, the expiry date must not have been surpassed. The refund will be made using the same payment method you used for the initial transaction, excluding shipping costs, unless the product is faulty.

For a smooth refund process, please consider the following: we may withhold the refund until we have received the products back or until you have provided us with proof of return, whichever comes first.

You are responsible for returning the goods without undue delay and in any event not later than fourteen (14) days after you have notified us of your decision to withdraw from the contract. The deadline will be deemed to have been met if you send the goods back before the fourteen (14) days have expired. You shall only be liable for loss of value of the goods if this loss is due to unnecessary handling by you to inspect the condition, properties and functioning of the goods.

We are committed to providing you with an easy refund experience and we aim to process your refund quickly. If you have any questions or need assistance, please do not hesitate to contact our customer service.

It is your duty to inspect the goods immediately upon delivery and to notify us of any defects that can reasonably be detected.

A product is considered defective if it does not perform as agreed at the time of delivery, including situations where the product:

·       It does not match its description in advertising or elsewhere.

·       It is not of the satisfactory quality that would reasonably be expected under the terms of the agreement.

·       Not suitable for any purpose specified prior to purchase.

This “Healy World Returns Policy” only applies to the return of defective products under the above conditions and remedies in accordance with the law are available if the product has been purchased within the last two (2) years. However, remedies are not available if the product becomes defective after two (2) years from purchase.

NO COMMISSION WILL BE PAID TO YOUR SPONSOR FOR RETURNED ITEMS, WHETHER HEALY DEVICES OR VITAMINS STRIPS. 

12.  OPERATIONAL STABILITY AND MAINTENANCE OF THE SYSTEM

Healy World’s subscription services are provided with the objective of ensuring maximum operational stability. However, Healy World assumes no responsibility for service interruptions caused by circumstances beyond its control. This includes, but is not limited to, power outages, equipment failures, problems with telecommunications connections, and other similar situations. Healy World undertakes to restore the service to normal operation in the shortest possible time in the event of any incident.

Healy World reserves the right to make operational changes to the programs without prior notice, to make improvements or for any other reason, such as the development of software updates. It may be necessary on certain occasions to temporarily suspend access to the subscription services, generally at night, from 21:00 to 6:00 CET. In the event of scheduled interruptions, Healy World will endeavor to give sufficient notice of such breaks.

13.  OWNERSHIP AND UPDATES OF PROGRAMS AND HEALY WORLD APPLICATION

13.1.   Ownership of Frequency Programs 

Full and exclusive title to the Healy programs and related custom software remains with Healy World, unless otherwise specifically agreed. Healy World has the right to assign its rights and responsibilities under this agreement to any subsidiary, associated business unit, or any affiliated entity or division at any time. Except as expressly mentioned, the rights and obligations under this agreement may not be assigned to any third party without the express written consent of the other party. In the event of such an assignment, you will be given the right to terminate the contract.

13.2.   Updates and Modifications

Healy World undertakes to provide updates to the applications as necessary and appropriate, reserving the right to issue additional updates at its discretion. In addition, Healy World retains the right to modify the applications in a manner that it deems reasonably acceptable to the customer, for example, through the development and improvement of the user experience. This right includes both technical and content adjustments.

14.  LIMITATION OF HEALY WORLD’S LIABILITY

Healy World has implemented reasonable precautions to ensure that the programs are free of malicious software. However, it cannot absolutely guarantee that the programs will always be free of such threats. Accordingly, to the fullest extent permitted by law, Healy World excludes all warranties of any kind, whether express or implied, with respect to the programs, including, but not limited to, any warranties of merchantability or fitness for a particular purpose.

Healy World’s liability to the customer for loss or damage, whether direct or indirect, is excluded to the maximum extent permitted by applicable law. This limitation of liability does not apply in cases of death or personal injury resulting from negligence on the part of Healy, its employees, or authorized agents, where there shall be no limit to liability. Other than in such cases, any liability of Healy shall be limited to the lesser of the payments made by the customer in the 12 months prior to the incident giving rise to the claim.

ADDITIONNALY, THE DEVICES AND VITAMINS STRIPS ARE NOT INTENDED TO CURE, TREAT, MITIGATE, DIAGNOSE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. THE TERMS USED IN THE PROGRAMS AND INSTRUCTIONS DO NOT CONSTITUTE STATEMENTS CONCERNING THEIR EFFECTS.

15.  RETURN POLICY FOR NON-DEFECTIVE PRODUCTS

The return of non-defective products to the Company requires prior authorization. Healy World is not obliged to accept the return of non-defective products, make exchanges or issue credits without such prior authorization. To proceed with a return of non-defective products, the customer must first obtain written authorization from the Company. In the event of an authorized return, customer will receive a credit for the net invoiced value of the products or their current selling price at the time of return, whichever is less, subject to a fifteen percent (15%) restocking fee.

16.  LIMITED WARRANTY, INDEMNIFICATION

16.1.   After Sales Service

The customer shall bear, at its own expense, all responsibilities related to the sale and after-sales service of the products it has marketed. For any repair, only parts authorized by the Company shall be used.

16.2.   Scope of the Limited Warranty and Exclusion of Additional Warranties

a) The Company warrants that the products comply with applicable laws and regulations and are free from defects in workmanship and materials. This warranty is valid for IHWM, its heirs, assigns and customers for the period specified. 

(b) The Company’s obligation under this warranty is limited to the repair or replacement free of charge of any defective products, upon return in accordance with the terms of this warranty. 

(c) The Company will determine whether to repair or replace returned products or parts. 

(d) The warranty expires 24 months from the date of purchase by the end user. 

(e) Unless otherwise agreed, the Company may modify its products without obligation to apply such changes to products previously manufactured, except as required under this warranty. 

(f) This warranty does not cover products subject to misuse, abnormal wear and tear or improper handling. 

(g) Accessories (electrodes, cables, charging cables, etc.): Accessories are subject to their own warranty conditions of 12 months, as their service life depends on various factors. This warranty covers defects in material or manufacturing that affect the normal use of the accessories. The warranty does not cover damage due to improper handling, improper use, excessive strain or normal wear and tear. A warranty therefore only exists if a defect is due to a manufacturing error or a defect that was already present at the time of purchase. Use-related wear and tear and normal wear and tear of batteries are not covered by the warranty.

(h) Exclusion of Other Warranties: the warranties described are exclusive and in lieu of all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose or non-infringement. The Company shall not be liable for special, consequential, incidental, punitive or indirect damages, including, but not limited to, damages to third parties, loss of revenue, opportunity, use of the products, or claims of third parties for such damages, except in cases of death or personal injury where applicable law does not allow exclusion of liability.

13.3. Return Fee

The customer shall pay a fixed administrative fee of 10 USD (US Dollars).

17.  PROTECTION OF PRIVACY AND CONFIDENTIALITY

17.1.   Protection of Personal Data 

We are committed to protecting the privacy and security of your personal data. The collection, use and protection of your data is carried out in accordance with our Privacy Policy. By using our services, you consent to the processing of your data as described and for the purposes specified, including marketing communications. For further information, please see our privacy policy at Privacy – Healy Shop USA. 

17.2.   Security measures 

Healy World implements the necessary technical and organizational measures to ensure the protection and security of personal data, in accordance with legal requirements, preventing unauthorized access, disclosure, alteration or destruction of personal information.

17.3.   Confidentiality 

Healy World is committed to maintaining the confidentiality of personal information obtained and will not share it with third parties, except under the order of a court or competent regulatory authority and only to the extent strictly necessary.

18.  SINGLE SIGN-ON SERVICES (SSO)

18.1.   Implementation of SSO

Healy World offers a single sign-on (SSO) system for customers to securely access various services and applications with a single ID, without the need for multiple registrations. Registration information is automatically and securely transferred to the system through a specialized interface.

18.2.   Responsibility of the customer 

Customers are responsible for the security of their access credentials and should avoid sharing these with third parties. Healy World reserves the right to modify or discontinue the SSO services at any time without prior notice, without assuming liability for damages arising from their use.

18.3.   Credential Management 

Customers can change their credentials or delete their account at any time. By using SSO authentication, they agree to these terms.

19.  GENERAL PROVISIONS

19.1.   Legal compliance and Code of Conduct 

Failure to comply with these terms and conditions may lead to suspension or termination of your access to our services, without prejudice to any other legal rights or remedies we may have.

The customer undertakes to comply with all applicable laws relating to the importation, sale, and distribution of the Products, informing the Company of any legislative changes that may influence the marketing of the Products. Furthermore, the customers undertake to defend and indemnify the Company against any legal infringement in the sale of the Products.

19.2.   Choice of Law and Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY, AS IT CONTAINS AN ARBITRATION CLAUSE FOR DISPUTES THAT MAY ARISE BETWEEN YOU AND HEALY WORLD. 

For the resolution of any dispute, we invite you to first contact us directly to seek an amicable resolution.

If a satisfactory resolution is not reached, disputes shall be submitted to arbitration under the laws of the State of Orlando, Florida, US, unless expressly agreed otherwise. The interpretation and application of these Terms shall be governed exclusively by the laws of the State of Orlando, in accordance with the provisions of the American legal system.

19.3.   Miscellaneous Conditions 

The failure of either party to enforce these Terms shall not be construed as a waiver of any right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be eliminated without affecting the remaining terms. These Terms do not create any form of partnership, employment, fiduciary or agency relationship between Healy World and customer.

19.4.   Modification of Terms 

Healy World reserves the right to modify these Terms and Conditions at any time. Amendments shall be effective immediately upon posting on the official website or upon notice to customers by other appropriate means. Continued use of Healy World’s services and products following the posting or notification of such modifications shall constitute the customer’s acceptance of the new terms. It is the responsibility of the customers to periodically review the Terms and Conditions to be informed of any changes.