Last update: 01 October 2020
These Terms of Sales (Terms) are between BLISTERPOD LLC, EIN: 32-0604592, its successors and assignees and any affiliated company (collectively “we”, “us” or “our”) and you, the person, organisation or entity that purchases products, or related services from us (referred to as “you”, “your” or “customer”). These Terms apply to all sales made by us to you. These Terms are available at www.blisterprevention.us, www.blisterprevention.com.au and courses.blisterprevention.com.au (collectively, our Sites).
Please, read these Terms carefully as they form the agreement under which we will supply products and related services to you. If you have any questions, please contact us using the contact details below, before you purchase products or related services from us.
You accept these Terms by making a purchase from us. Your purchase from any of our Sites indicates that you have had sufficient opportunity to access and review these Terms, and that you have read, accepted and will comply with these Terms. You also represent that you are 18 years or older or have the consent of at least a parent or legal guardian who is 18 years or older before purchasing from us. You must not order products or services from us if you are under 18 years of age or do not have the consent of at least a parent or legal guardian who is 18 years or older. If you do not agree to these Terms, you should not purchase from us.
1. Products and Orders
(a) You may order from us as set out on our Sites. We may, at our discretion, accept or reject an order depending on a number of factors, including the availability of products and our ability to validate payment for the products.
(b) Once an order has been submitted, you cannot request variations and/or additions to the order. Any variations and/or additions will constitute a new order and will not release you from your liability under the original order.
(c) It is your responsibility to check the order details, including product, pricing and the shipping and billing addresses before you complete your order on our Sites.
(d) We will provide you with order details, which may include an order number, the shipping and billing addresses and a description of what was ordered when you order and pay on our Sites and your payment has been validated.
(e) A binding agreement comes into existence between you and us once we have given you an order number. No changes to these Terms will be effective unless we both agree to the changes in writing.
2. Price and Payments
(a) You agree to pay the purchase price specified on the Sites at the time that you place your order for the purchase of a product, plus any applicable delivery and insurance charges based on the delivery options selected by you. All amounts are, by default, stated in USD. Any applicable tax, delivery/shipping, and insurance charges will be shown separately upon order checkout.
(b) You must pay for the product by one of the payment methods set out on the Sites, such as Credit/Debit Cards, PayPal and Coupon Code. Your payment will be processed upon receipt of your order. The total amount to be charged from your payment method will be the cost of the item, shipping fee or any applicable tax. The charges will not include any bank charges. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is unable to be successfully processed, then your order may be cancelled. By submitting your payment method information, you automatically grant us the right to charge the equivalent amount from your payment method.
3. Availability and Cancellation
(a) All purchases made with us are subject to availability. We do our best to keep in stock most products that are advertised by us, and to keep the Sites up to date concerning the availability of products.
(b) If there is a considerable delay in dispatching your order, or if for any reason we cannot supply a product you have ordered, we will contact you using the contact details provided by you when you placed the order. You can choose a refund or put your order on backorder. If you choose a refund, any delivery costs you have paid for the product will be refunded to you. If you choose to put your order on backorder, we will arrange for delivery once the product is available.
(c) If certain products are out of stock or discontinued, we may from time to time, substitute a product with another product of similar appearance, value and size. Where an item is substantially different, we will obtain your permission to substitute the item.
4. Shipping and Delivery
(a) Location: We deliver locally within the United States of America using USPS, and internationally using Asendia.
(b) Cost: Delivery fees are indicated at checkout and are dependent on your location. Our system will email you a tracking number once shipped that you can simply click to check the progress/status of your order.
(c) Timing: We will normally dispatch the product at 12 noon every business day (for the avoidance of doubt, a business day is a day which is not a Saturday, Sunday, or bank or public holiday in New Jersey) from the receipt of your order, unless otherwise noted on the Sites. We will deliver the product to the place of delivery you specify when making your order.
(d) Method: We dispatch all non-Australian orders from Lakewood, New Jersey with USPS and Asendia. However, we may use a range of delivery methods. Some deliveries must be signed for. If delivery is not successful and the order is returned to us, you will be notified. Any additional shipping charges incurred to redeliver the order to you will be at your expense.
(e) Customs: Certain non-US orders may be subject to customs duties depending on the location of your shipping address. We are not responsible or liable for any customs charges or additional delays. To find out about any applicable customs fees, reach out to the post office in your location.
(f) Title and risk of loss: Upon the successful delivery of any item to you, the title and risk of loss will immediately pass to you. For the avoidance of doubt, we will not be responsible for any loss or damage to the item once it is delivered to you in good condition.
5. Discount Codes and Promotions
(a) We may from time to time offer promotional discount codes, which may be applicable to goods on the Sites, and must be entered at the time of submitting your order. The conditions of use relating to any discount code will be specified at the time it is issued.
6. Intellectual Property
(a) Intellectual Property includes but is not limited to:
i. all present and future rights to intellectual property including inventions and improvements, trademarks (whether registered or common law trademarks), patents, designs, copyright, any corresponding property rights under the laws of any jurisdiction;
ii. all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product; and
iii. all work product developed in whole or in part by us.
(b) We own all Intellectual Property rights in the Sites, business, products and branding, as between you and us. The products contain material which is owned by or licensed to us and is protected by Australian, the US and international laws (Materials). We own the copyright which subsists in all creative and literary works incorporated into our Materials.
(c) You agree to license to us any images of your feet that you send or make available to us (Licensed Material). You grant us a perpetual, non-exclusive, irrevocable, worldwide and transferrable license to use the Licensed Material for our commercial use, including the furtherance of blister prevention, management and treatment.
(a) Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our products, please contact us. If there is a dispute between you and us in relation to these Terms or your purchase through the Sites, you agree to the following dispute resolution procedure:
i. You must submit the nature of your claims in writing to us via [email protected] and the actions you think will settle your claims. You agree to meet with us via Skype or phone conference in good faith to seek to resolve the dispute by agreement (Initial Meeting).
ii. if the dispute is not resolved after the Initial Meeting, you and we both agree to settle any dispute by binding arbitration rather than in court. However, you may assert your claims in small claims court if they qualify. The arbitration and these Terms shall be governed by the Federal Arbitration Act and federal arbitration law of the United States.
To commence an arbitration, you must send a notice to us via [email protected] or our address below. The arbitration shall be conducted under the American Arbitration Association (AAA) under its arbitration rules (including the AAA’s Supplementary Procedures for Consumer-Related Disputes), which are found at its website at www.adr.org. The payment of filing and arbitration fees shall be governed by the AAA’s rules. If the costs are determined to be excessive by the arbitrator, we will pay the costs. The arbitration may be conducted by phone, written submissions or in-person, as agreed to between the parties.
Parties agree that no dispute shall be brought on class action, representative or consolidated but as an individual basis. If a claim is subject to court rather than binding arbitration, then you and we both waive any right to a jury trial.
We both agree that the following disputes shall not be subject to binding arbitration:
i. Any dispute seeking to enforce our right and intellectual property;
ii. Any dispute relating to theft, privacy or unauthorised use; or
iii. Any claims seeking injunctive relief.
8. Consumer Law, Return, Refund and Exchange Policy
(a) FTC: Certain legislation including the Federal Trade Commission (FTC) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods or services to you by us via the Sites which cannot be excluded, restricted or modified. Our liability is governed solely by the FTC and these Terms.
(b) Goods: If you are a consumer as defined in the FTC, the following notice applies to you: “Our goods come with warranties and guarantees that cannot be excluded under the Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”
(c) Warranties: To the extent permitted by law, we exclude all express and implied warranties, and all material and work are provided to you without warranties of any kind, either express or implied. We expressly disclaim all warranties including but not limited to implied warranties of merchantability and/or fitness for a particular purpose.
(d) Manufacturer’s Warranties: The product may come with a manufacturer’s warranty. The manufacturer’s warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a “consumer” within the meaning of the FTC, the manufacturer’s warranty may be your sole remedy. You should check the manufacturer’s warranty, as many manufacturers’ warranties do not apply in a business or commercial setting. Please contact the manufacturer if you would like to make a claim under the manufacturer’s warranty.
(e) Repair, replacement or a refund: If you wish to seek repair, replacement or a refund for a product, please contact us at [email protected] and we will explain the requirements to you. This may include you providing proof of purchase and evidence of the faulty product to us.
(f) Refund: We do not offer refunds unless the good is faulty or damaged from us and as defined under the FTC. If you are entitled to a refund, we will only give you the refund once evidence of faulty product is received by us, or we have received the product at our warehouse and inspected it and assessed whether it is eligible for a refund under these Terms. Any refund we make will be by the same payment method used to purchase the product.
(g) Installed: we will not accept for return any product that has been used, connected, installed, attempted to be connected or installed, or if your product is custom-made or is a special buy product.
(h) Packaging: You are responsible for returning the product to our warehouse, and you must adequately package any product you are returning for our collection to ensure that it is not damaged during return delivery to our warehouse.
(i) Duty of care: You have a duty of care for the product while it is in your possession. If you damage products, then subsequently return the products, you may be liable to pay to repair the product to its original condition. In these circumstances, where a repair is not economically viable, no refund will be made.
9. Limitation of Liability and Disclaimers
(a) Except otherwise stated in writing, we disclaim all representations and warranties regarding the products sold via our Sites. We will not be responsible to you for any:
(i) Loss that may arise from the unavailability of any product or item;
(ii) Losses or damages that were not as a result of our fault or breach;
(iii) Loss of business, profits, revenues, goodwill, data or contracts;
(iv) Consequential or indirect losses; or
(v) Failure or delay in providing you with the items or products order, which may be as a result of circumstances beyond our reasonable control.
Except otherwise stated in writing, our liability to you for any loss whatsoever in relation to any product or item sold via the Sites, whether in contract, tort, negligence or equity, shall not be more than a refund of the product or item amount or a replacement of the item (including the return fee where applicable).
(b) Nothing under these Terms shall exclude or modify the rights you have under the FTC or similar laws. All disclaimers and exclusions provided to you under these Terms operates to the fullest extent the law permits, and are subject to any unlimitable right or remedy.
(c) Not medical advice: You agree that any information, insights or guidance contained on our Sites, whether or not it is published by us, is not an attempt by us to practice medicine or provide medical advice. It is not to be used or relied on for any diagnostic or treatment purposes. Your use of our Sites does not establish a doctor-patient relationship. Information available on the Sites should not be used as a substitute for professional diagnosis, care or treatment. Any health information on our Sites is provided simply for your convenience only. The Sites are intended for general information purposes only and do not take into account your own personal circumstances. Information available on the Sites is not intended to be advice, not intended to be relied upon, and is not a substitute for professional medical advice based on your personal circumstances.
(d) Podiatry advice: From time to time, we may provide podiatry advice to you either in person, through social media, email correspondence or via other communication channels on the Sites. In such circumstances, you acknowledge and agree that the advice is provided by us in good faith based only on the information that you provide to us. We do not accept any liability, and will not be responsible for, any harm or loss suffered by you, as a result of our advice, where the information provided by you was inaccurate and/or incomplete. Furthermore, where we recommend you seek advice or assistance from other third parties, which may include medical or podiatry specialists, clients, or other websites, we are not acting as a referral agent, we receive no referral fees, and we are not responsible for the services provided by such third parties.
(e) Suitability: You are solely responsible for determining the suitability of any of the products and related services and your reliance on any information that is provided to you through our Sites are at your own risk. The products and related services do not guarantee a particular outcome or change to your physical wellbeing.
(f) Limitation: Our total liability arising out of or in connection with the products, the services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and/or services under these Terms.
(g) This clause will survive the termination of these Terms.
(a) These Terms may be amended from time to time without prior notice or liability. Your purchase from us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current Terms before purchase. Our agents, employees and third parties do not have the authority to change these Terms.
(a) You hereby agree to indemnify and hold us harmless from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Terms or your use of any of our products. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Terms.
(a) Privacy: We comply with the US privacy laws and the GDPR in relation to the personal information or data you submit to us when you use the Sites.
(b) Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Sites for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law
(c) Termination: We reserve the right to refuse supply of the products ordered by you, terminate your account, terminate our contract with you, and remove or edit the content on the Sites at our sole discretion, without incurring any liability to you.
(d) Applicable tax: If and when applicable, the tax payable on our products will be set out in our invoices upon checkout. By accepting these Terms, you agree to pay us an amount equivalent to the tax imposed on these charges.
(e) Relationship of Parties: These Terms are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee.
(f) Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 days’ notice in writing.
(g) Notice: Any notice in connection with these Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
(h) Waiver: Any failure by a party to insist upon strict performance by the other of any provision in these Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of these Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
(i) Assignment: You must not assign any rights and obligations under these Terms, whether in whole or in part, without our prior written consent.
(j) Severability: If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
(k) Jurisdiction and Applicable Law: Your use of our Sites and any dispute arising out of your use of them is subject to the laws of the State of Delaware without regard to conflict of law and its principles. Our Sites may be accessed throughout Australia, the United States and other locations. We make no representation that our Sites comply with the laws (including intellectual property laws) of any country outside Australia and the United States. If you access our Sites from outside of Australia and the United States, you do so at your own risk and are responsible for complying with the laws in the place where you access our Sites.
(l) Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
(m) Contact Us: For any questions or notice, please contact us at:
16192 Coastal Highway, Lewes, Delaware 19958
Phone: 1 (302) 608-0773
Email: [email protected]