Terms & Conditions
TERMS AND CONDITIONS
This website is owned and operated by DAILY HANDS LLC (referred to in these Terms and Conditions as “Daily Hands”, the “Company” or sometimes “we” or “us”).
These terms and conditions govern your access to and use of this website as well as all transactions conducted on and/or through this website. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By accessing and using this website, you agree you have a duty to read these Terms and Conditions, that you have done so, and you accept these Terms and Conditions in full including, without limitation, the Warranty Disclaimer and Limitation of Liability below. Furthermore, you understand and accept you are precluded from using your lack of reading as a defense against all remedies contained herein. If you disagree with any part of these Terms and Conditions, please do not use this website.
These Terms and Conditions are subject to change by Daily Hands at any time in its discretion. Your use of our website, including any product order, after any such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please regularly review these Terms and Conditions.
You must be eighteen (18) years or older to use this website, including to register for an account and/or purchase products on our website. If you are under eighteen (18) years of age, you are not permitted to access this website for any reason. By using this website (and agreeing to the Terms and Conditions) you warrant and represent you are at least eighteen (18) years of age. Due to the age restrictions for use of this website, no information obtained by this website falls within the Child Online Privacy Act (COPA) and is not monitored as doing so.
You will receive a password and account designation after you have completed an account registration form and provided the required account information. You agree to maintain the security of your account on our website, including the confidentiality of your password and other account information, and you are fully responsible for all activities that occur under your password or account, including all charges resulting from unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
You agree to use our website for lawful purposes only. Harassment in any manner or form on the website, including via e-mail, chat, or by use of obscene or abusive language, is strictly prohibited. Impersonation of others, including that of a Daily Hands or other employee, host, or representative, as well as of other members or visitors to this website, is prohibited. You may not upload to, post, distribute, or otherwise publish or transmit through this website any content or material of any kind which is unlawful, fraudulent, libelous, defamatory, obscene, profane, threatening, derogatory, invasive of privacy or publicity rights, abusive, illegal, or which we otherwise deem objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any applicable local, state, national, or international law. You may not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or other organization.
You may access and use this website for only such purposes expressly permitted by Daily Hands. You may not use it for any other purposes, including commercial purposes such as co-branding, framing, or hyper-links, without the express prior written permission of an authorized representative of Daily Hands. For purposes of these Terms and Conditions, “co-branding” means displaying a name, logo, trademark, trade name or other means of attribution or identification of any party in such a manner as to reasonably give a user the impression that such other party has the right to display, publish, or distribute this website or content accessible through this website.
This website contains general information and content about diet, health and nutrition. This information and content is not advice, and should not be treated as such. The contents of this website are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your primary care physician or other qualified healthcare professional with any questions you may have regarding a medical condition.
The general information and content on this website is provided “AS IS” and without any representations or warranties of any kind, express or implied, which are expressly disclaimed. Daily Hands makes no representations or warranties whatsoever in relation to any health information on this website.
You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition, you should seek medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information in Company materials or provided by any Company representative, none of which information is intended to be a substitute for medical diagnosis, advice or treatment. If you are considering making any changes to your lifestyle, diet or nutrition, including taking any nutritional, herbal or homeopathic supplement, you should consult with your primary care doctor or other healthcare provider before doing so. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
Neither the Company nor its representatives is providing any medical advice, and none should be inferred, from any ideas, suggestions, testimonials or other information set forth on this website or in other Company materials or provided over the phone or in email correspondence. All of the information on this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this website, and Daily Hands does not undertake any obligation to update such information after it is posted or to remove such information from this website if it is not or no longer accurate or complete.
This website may contain links to third-party websites. The Company provides these hyperlinks as a convenience only and does not sponsor or endorse any of these sites and/or their contents. The Company is not responsible for the content of, and does not make any representations or warranties regarding the content or materials on, such linked third-party websites. If you decide to access or rely on information at a linked third-party website, you do so at your own risk.
We have no control over these linked sites, all of which have separate privacy and data collection practices, independent of our company. Nonetheless, Daily Hands seeks to protect the integrity of its website, and therefore requests any feedback on websites to which it links, including if a specific link does not work.
The material and content of this website, including but not limited to text, logos, photos, graphics and code (collectively “Content”) are protected by copyright, trademark and/or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States and other copyright laws and is the property of or licensed by Daily Hands, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content.
“Daily Hands”, and all other logos, page headers, custom graphics, and icons are trademarks, trade names and/or service marks owned by Daily Hands, or an affiliate of the Company, unless otherwise indicated.
Permission is granted to electronically copy and print hard copy portions of this website for the sole purpose of placing an order or purchasing our products. You may display and, subject to any expressly stated restrictions or limitations, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with or purchase products from us. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website, is strictly prohibited, unless authorized in writing by Daily Hands. You may not modify, remove, delete, augment, add to, publish, or participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. All rights to such Content are reserved to Daily Hands, or its licensor. You further agree not to change or delete any proprietary notices, warranties, or disclaimers from materials downloaded from the website.
If you violate any of these terms, your permission to use the Content automatically will terminate and you must immediately destroy any copies you have of any portion of the Content.
Daily Hands does not and cannot review all communications and materials posted to or created by users accessing the website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on this website, Daily Hands is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activities on the website. However, Daily Hands reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property rights of another, or (d) offensive or otherwise unacceptable to Daily Hands in its sole discretion.
You agree to indemnify, defend and hold harmless Daily Hands, its subsidiaries, affiliates, and its respective officers, directors, employees, agents, suppliers, contractors, licensors, and/or service and content providers (hereinafter known as the “Indemnified Parties”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any person accessing the website using your account. You also agree to indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this website.
IN NO EVENT SHALL THE COMPANY AND/OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY ACTUAL, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, OR OTHER DAMAGES , INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR INCOME, PROFITS, VALUE OR USE, PAIN AND SUFFERING, OR SIMILAR DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO PERSON IS AUTHORIZED ON BEHALF OF THE COMPANY TO GIVE ANY OTHER REPRESENTATIONS, OR TO MODIFY OR EXTEND THE LIMITED WARRANTIES PROVIDED ON THIS WEBSITE, OR TO ASSUME ANY OTHER LIABILITY IN CONNECTION WITH THIS WEBSITE OR THE PRODUCTS OFFERED FOR SALE BY US. IN NO EVENT SHALL THE COLLECTIVE OR TOTAL LIABILITY OF THE INDEMNIFIED PARTIES TO ANY PARTY FOR ANY CLAIM (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT OR OTHERWISE, EXCLUDING WILLFUL MISCONDUCT OR GROSS NEGLIGENCE) EXCEED THE PRICE PAID FOR THE PRODUCT OR SERVICE WHICH GIVES RISE TO SUCH CLAIM.
Daily Hands shall not, under any circumstances, be liable for any use of, or the inability to use, the materials on this website.
Applicable law may restrict the use or extent of limitations or exclusions to liability for incidental or consequential damages, so the foregoing limitations and exclusions may not apply in full to you. Nonetheless, in no event will Daily Hands’s liability for products purchased from this website exceed the price paid for such products, including any shipping and handling charges.
Daily Hands makes no representations the products available through this website will be available or appropriate in every jurisdiction in which this website may be accessed. To the best of our knowledge, it operates legally under both state and federal law in the United States; however, it is impossible for us to be aware of the laws and regulations of all local jurisdictions (e.g. municipalities and counties) relating to our products. Daily Hands isn’t responsible for any potential legal matters that may arise due to such local regulations.
YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY LAWS GOVERNING THE PURCHASE AND USE OF THE PRODUCTS AVAILABLE THROUGH OUR WEBSITE OR A WEBSITE LINKED TO OUR WEBSITE. IT IS YOUR RESPONSIBILITY AS THE PURCHASER AND/OR USER, NOT THE COMPANY, TO ASCERTAIN AND OBEY ALL APPLICABLE LOCAL, STATE, AND FEDERAL LAWS REGARDING THE POSSESSION AND USE OF ANY ITEM OR PRODUCT OFFERED BY THE COMPANY OR BY A WEBSITE LINKED TO OUR WEBSITE. IF YOU ARE UNSURE, PLEASE CONTACT YOUR LOCAL OR STATE AUTHORITIES BEFORE PLACING AN ORDER. BY PLACING AN ORDER, YOU INDICATE YOU UNDERSTAND AND AGREE IT IS YOUR SOLE RESPONSIBILITY AS BUYER TO DETERMINE IF THE PRODUCTS ARE LEGAL ACCORDING TO THE LAWS THAT APPLY TO YOU AND REPRESENT AND WARRANT THAT YOU HAVE READ THIS DISCLAIMER AND THAT ALL PRODUCTS PURCHASED WILL BE USED IN A LAWFUL MANNER AND THAT YOUR ARE OF LEGAL AGE TO PURCHASE AND USE SUCH PRODUCTS.
You understand and agree that the LIMITATIONS ON LIABILITY set forth above applies to the foregoing.
This website and, except as provided in the following sentence, the materials and products offered on this website are provided “as is” and without warranties of any kind, whether express or implied, which are expressly disclaimed. Daily Hands warrants that all Daily Hands products purchased on this website, at the time of shipment, will not be adulterated, and will contain the ingredients specified for the products as labeled.
COMPANY MAKES NO WARRANTY WITH RESPECT TO PRODUCTS, SERVICES OR THIS WEBSITE THAT IS NOT SET FORTH IN WRITING IN THESE TERMS AND CONDITIONS, AND SPECIFICALLY DISCLAIMS AND EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES PROVIDED IN THESE TERMS AND CONDITIONS ARE EXCLUSIVE, AND COMPANY EXPRESSLY AND SPECIFICALLY DISCLAIMS, AND CUSTOMER IRREVOCABLY WAIVES THE RIGHT TO SEEK, ALL OTHER REMEDIES.
Daily Hands does not represent or warrant the functions contained in the website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes the website available are free of viruses or other harmful components. We do not make any warranties or representations regarding the use of the materials in this website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Some states restrict the use or extent of limitations or exclusions regarding warranties, so the foregoing limitations may not apply in full to you.
Daily Hands may deliver notice to you by means of a general notice posted on the website, or an e-mail to any address you have provided us. We may also contact you by any other method reasonably believed by us to be reliable.
These Terms and Conditions and your use of this website shall be governed in all respects by the laws of the state of Oklahoma, United States of America, without regard to choice of law provisions, and not by the 1980 United Nations Convention on contracts for the international sale of goods. You agree that personal jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this website or these Terms and Conditions (including but not limited to the purchase of Daily Hands products) shall be exclusively in the state and federal courts located in Oklahoma, and you waive any right to object to the laying of venue in such courts and the right to claim inconvenient forum. Any cause of action or claim you may have with respect to this website (including but not limited to the purchase of products) must be commenced within one (1) year after the claim or cause of action accrues. Daily Hands’ failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions.
If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Prices listed on this website for products or services, unless otherwise noted, are exclusive of shipping charges, and of any applicable value-added, sales, use, excise, transfer, transport, or other tax, tariff or duty of any sort imposed by any government authority (“Taxes”). Customers are solely responsible for all Taxes payable in connection with the purchase of products or services.
All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region and/or jurisdiction. We reserve the right, in our sole discretion, to refuse orders. If we believe that an order is false or fraudulent, we may cancel the order and reserve the right to inform the relevant authorities.
For online orders, we accept payment by Visa, Mastercard, Discover, and American Express. If a payment is not successfully settled, due to invalid payment method, declined credit, expiration, insufficient funds or otherwise, we reserve the right to cancel your order. Orders are shipped only after receipt of full payment. For certain payment methods, you may be charged a processing fee, foreign exchange/translation fee (international orders) or other fees, and you are solely responsible for the payment of any such fees. Daily Hands is not responsible for any charges, errors or losses that may result from any payment method used by you for the purchase of our products.
No coupon code can be combined with any other coupon code, or any other promotional or wholesale discount, unless otherwise explicitly stated by Daily Hands.
Daily Hands typically ships all in-stock items as soon as possible after receipt of payment. Items with limited availability may require additional fulfillment time. Additionally, large wholesale and private label orders may be subject to additional lead times.
If there is a delay affecting our ability to ship, we will attempt to conspicuously post that fact on this website. We ship through United Parcel Service (UPS) or such other carrier as we may select, and packages can be tracked through their website.
Daily Hands requires a signature at delivery for all orders with a value of $250 or more.
Unless otherwise expressly agreed in writing, TIME IS NOT OF THE ESSENCE, and any delivery date requested or provided is an estimate only. We are not responsible for delays or for non-performance resulting from causes beyond our reasonable control including, but not limited to, acts of any government.
If a package gets lost in transit (very rare, though it does happen), Daily Hands will not be responsible if the tracking information says the package was “Delivered”, which means UPS or the shipping/freight service successfully delivered the package to the specified address. If the tracking information says delivered, yet it is lost anyway, we ask that you check with housemates and neighbors to see if they received the package without telling the intended recipient. This scenario happens fairly often.
If a package is sent to the wrong address, and the incorrect address was provided online by a customer, then the customer is responsible for the cost of re-shipping the item. We will re-ship the order once the original package has been returned to us. To keep this mistake from occurring, we recommend you double check all of your contact information is accurate before submitting the order.
We allow three (3) days from the date of delivery to notify us if there is any type of defect with a product or if the package it was in was damaged in transit. If we aren’t notified of defects or damages within those three (3) days, it is understood that the package and products were in good condition upon delivery.
If you find the product didn’t meet your expectations call: 888-510-2294 or email email@example.com.
Preferred method for payments on wholesale and custom orders are mailed check, money order or bank wire transfer.
If credit or debit card is preferred, a 3% processing fee will be charged to your order. There will be no fee if check, money order, or wire transfer is used as the method of payment.