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Conditions of Use & Sale

Conditions of Use & Sale

Last updated on July 1, 2020

Welcome to thepeachbody.com.

Thepeachbody.com provide website features and other products and services to you when you visit or shop at Thepeachbody.com (the "Website"), use The Peach Body products, or use software provided by The Peach Body in connection with any of the foregoing (collectively "The Peach Body Services"). “Affiliate” means, with respect to a particular person, any entity that directly or indirectly controls, is controlled by, or is under common control with such person. Please see our Privacy Policy to understand how we collect and process your personal information through The Peach Body Services. The Peach Body provides The Peach Body Services and sells our products to you subject to the conditions set out on this page. Thepeachbody.com is the trading name for The Peach Body.

Conditions of Use

Please read these conditions carefully before using The Peach Body Services. By using The Peach Body Services, you signify your agreement to be bound by these conditions. We offer a wide range of The Peach Body Services, and sometimes additional terms may apply. When you use The Peach Body Service (for example Your Profile, Gift Cards), you will also be subject to the terms, guidelines and conditions applicable to that The Peach Body Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

1. ELECTRONIC COMMUNICATIONS

When you use any The Peach Body Service or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, or by posting e-mail messages or communications on the Website or through the other The Peach Body Services, such as our Message Center. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

2. RECOMMENDATIONS AND PERSONALIZATION

As part of The Peach Body Services, we will recommend features, products, and services that might be of interest to you, identify your preferences, and personalize your experience.

3. COPYRIGHT, AUTHORS' RIGHTS AND DATABASE RIGHTS

All content included in or made available through any The Peach Body Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of The Peach Body or its content suppliers and is protected by local and international copyright, authors' rights and database right laws. The compilation of all content included in or made available through any The Peach Body Service is the exclusive property of The Peach Body and is protected by local and international copyright and database right laws.

You may not extract and/or re-utilize parts of the content of any  The Peach Body Service without our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the content of any The Peach Body Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any The Peach Body Service (e.g. our prices and product listings) without our express written consent.

4. TRADEMARKS

In addition graphics, logos, page headers, button icons, scripts, and service names included in or made available through any The Peach Body Service are trademarks or trade dress of The Peach Body. The Peach Body's trademarks and trade dress may not be used in connection with any product or service that is not The Peach Body's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits The Peach Body. All other trademarks not owned by The Peach Body that appear in any The Peach Body Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Peach Body.

5. LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and applicable Service Terms and your payment of any applicable fees, The Peach Body or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of The Peach Body Services. This license does not include any resale or commercial use of any The Peach Body Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any The Peach Body Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by The Peach Body or its licensors, suppliers, publishers, rights holders, or other content providers. No The Peach Body Service, nor any part of any The Peach Body Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of The Peach Body without our express written consent. You may not use any meta tags or any other "hidden text" utilizing The Peach Body's names or trademarks without our express written consent.

You may not misuse The Peach Body Services. You may use The Peach Body Services only as permitted by law. The licenses granted by The Peach Body terminate if you do not comply with these Conditions of Use or any Service Terms.

6. YOUR ACCOUNT

You may need your own The Peach Body account to use certain The Peach Body Services, and you may be required to be logged into the account and have a valid payment method associated with it.

If there is a problem charging your selected payment method we may charge any other valid payment method associated with your account.

If you use any The Peach Body Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access your information in the Your Account section of the Website.

You must not use any The Peach Body Service: (i) in any way that causes, or is likely to cause, any The peach Body Service, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.

We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines or policies.

7. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

You may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. If you believe that any content on or advertised for sale on any The Peach Body Service contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any The peach Body Service, please notify us by  email and we will respond.

If you post customer reviews, comments, customer questions or answers, or other content generated by you for display on the Website (including any images, video or audio, all together "content", you grant The Peach Body a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, perform, create derivative works from, distribute, make available, translate, and modify such content throughout the world in any media. You grant The Peach Body the right to use the name that you submit in connection with such content.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; and that use of the content you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify The Peach Body for all claims brought by a third party against The Peach Body arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content arising out of or on the grounds of, or originating from the content that you have communicated to us. The Peach Body has the right but not the obligation to monitor and edit or remove any activity or content. The Peach Body takes no responsibility and assumes no liability for any content posted by you or any third party.

8. INTELLECTUAL PROPERTY CLAIMS

The Peach Body respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please send us an email.

9. OUR LIABILITY

We will do our utmost to ensure that availability of The Peach Body Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to The Peach Body Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

The Peach Body will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using The Peach Body Services.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.

10. APPLICABLE LAW

These conditions are governed by and construed in accordance with the laws of the Dubai International Finance Center (“DIFC”). If any dispute, claim, difference or controversy arising out of, relating to or having any connection with these conditions, including as it may relate in any way to your use of any The Peach Body Service, or to any products or services sold or distributed by The Peach Body or through Thepeachbody.com, or the existence, validity, interpretation, performance, breach or termination and/or any dispute relating to any non-contractual obligations arising out of or in connection with them (for the purpose of this section, a “Dispute”) qualifies for determination through the DIFC Small Claims Tribunal (“SCT”), then the SCT shall have exclusive jurisdiction to settle any such Dispute. For Disputes that do not qualify for determination through the SCT, the courts of the DIFC shall have exclusive jurisdiction to settle such Dispute and each party submits to the exclusive jurisdiction of the courts of the DIFC. For the purposes of this section, you waive any objection to either the courts of the DIFC or the SCT, as applicable, on the grounds that either of them is an inconvenient or inappropriate forum to settle any Dispute.

11. ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USE

We reserve the right to make changes to any The Peach Body Services, policies, terms and conditions including these Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use The Peach Body Services. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

12. WAIVER

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

13. TERMS OF PRODUCT USE

You must only use the products in accordance with the instructions provided and only for the purpose in which they are provided. Nothing in these terms provide you with any entitlement or right to sell, license or distribute our products to third parties.

This site is solely an online store for oral/beauty products. This website is not a substitute for professional medical advice, however we do advise to consult your health care practitioner/doctor/ or physician before the purchase of any products listed. Your physician or health care practitioner can address any concerns, medical questions and queries regarding the possible treatment of any medical condition. The Peach Body does not, and is not, able to give or intend to provide any advice in connection with your medical related questions. This website does not replace any medical professional resource.

By placing an order through The Peach Body you accept all risks associated with the product as well as any complications that may arise as result of your use of the product.

IF YOU NEED MEDICAL ATTENTION OR YOUR DOCTOR IMMEDIATELY.

PEOPLE UNDER THE AGE OF 18, WHO ARE PREGNANT, OR ARE ALLERGIC TO ITEMS INSIDE THE SCRUB SHOULD CONSULT A RELEVANT MEDICAL PROFESSIONAL BEFORE USING THIS PRODUCT. It remains the user’s responsibility to ensure you are not allergic to ANY of the ingredients inside the scrub before using.

14. CHILDREN

We do not sell products for purchase by children. If you are under 18 you may use The Peach Body Services only with the involvement of a parent or guardian.

15. OUR CONTACT DETAILS

This Website is owned and maintained by Thepeachbody.com. Our contact details are:

Atman Enterprise FZE LLC

A-62-01-01-07- Flamingo Villas

Ajman, United Arab Emirates

https://thepeachbody.com

16. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHT INFRINGEMENTS

If you believe that your rights are being infringed, you may send us an email. We respond expeditiously to rights owners and their agents who sent us an email to communicate concerns about any alleged infringement.

Upon receipt your email we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting an email you grant to The Peach Body the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding your email to the parties involved in the provision of the allegedly infringing content. You agree to indemnify The Peach Body for all claims brought by a third party against The Peach Body arising out of or in connection with the submission of an email.

 

ADDITIONAL The Peach Body SOFTWARE TERMS

1. Use of The Peach Body Software. You may use The peach Body Software solely for purposes of enabling you to use and enjoy The Peach Body Services as provided by The Peach Body, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of The Peach Body Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license The Peach Body Software or otherwise assign any rights to The Peach Body Software in whole or in part. You may not use The Peach Body Software for any illegal purpose. We may cease providing any The Peach Body Software and we may terminate your right to use any The Peach Body Software at any time. Your rights to use The peach Body Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. All software used in any The Peach Body Service is the property of The Peach Body or its software suppliers and protected by local and international copyright laws.

2. No Reverse Engineering. Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, The Peach Body Software, whether in whole or in part, or create any derivative works from or of The Peach Body Software.

3. Updates. In order to keep The Peach Body Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

 

Conditions of Sale

These Conditions of Sale govern the sale of products by ATMAN Enterprise FZE LLC, The Peach Body Affiliate, to you. When you use The Peach Body Service (for example Your Profile, Gift Cards), you will also be subject to the terms, guidelines and conditions applicable to that The Peach Body Service ("Service Terms"). If these Conditions of Sale are inconsistent with the Service Terms, those Service Terms will control.

Please read these conditions carefully before placing an order with The Peach Body. By placing an order with The Peach Body, you signify your agreement to be bound by these conditions.

1. OUR CONTRACT

Your order is an offer to The Peach Body to buy the product(s) in your order. When you place an order to purchase a product from The Peach Body, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Receipt Confirmation E-mail"). The Order Receipt Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we ship the product to you and send e-mail confirmation to you that we've shipped the product to you (the "Shipping Confirmation E-mail"). If your order is shipped in more than one package, you may receive a separate Shipping Confirmation E-mail for each package, and each Shipping Confirmation E-mail and corresponding shipment will conclude a separate contract of sale between us for the product(s) specified in that Shipping Confirmation E-mail.

You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the Your Account area of the web site. For each delivery, we will inform you in our Shipping Confirmation E-mail if an electronic invoice is available. For further information about electronic invoices and instructions on how to receive a paper copy please refer to our help pages.

The Peach Body focuses on business development for end users, and prohibits sales by resellers. Sales by resellers refer to behavior of customers who resell to their direct customers of products purchased from The Peach Body. If The Peach Body finds out that you resell products purchased from The Peach body, we reserve the right not to allow product purchase by your account and may permanently close your account.

2. RETURNS, REFUNDS AND TITLE

We are unable to offer refunds, returns, or exchanges. All sales are final. Please note, The Peach Body reserves the right to refuse all returns, reshipments and refunds.

In the unlikely event that product/s arrive damaged, the customer must email support@thepeachbody.com within 24 hours of receipt to discuss further. Customer must include photos of the issue and a screenshot of your order confirmation email.

Please allow at least 2 billing cycles for the credit adjustment to appear on your credit card statement.

Returns Terms and Guidelines:

All returned items must be unused, unopened, and complete with original plastic wrapping.

We are not responsible for the return shipping costs of the items.

Please make sure all returned items are well packaged, so as not to be damaged in the post.

Please make sure all return packages are sent with a trackable, insured service as we cannot take responsibility for items damaged or lost in the return transit.

Please make sure that the return has been approved in the email - without approval it may result in your return not being processed.

3. AVAILABILITY

We list availability information for products sold by us on the Website including on each product information page. Beyond what we say on that page or otherwise on the Website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and will refund you if you are charged for those products.

Please note that unless otherwise stated on the Website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.

4. PRODUCT INFORMATION

Unless expressly indicated otherwise, The Peach Body is not the manufacturer of the products sold on this Website. While we work to ensure that product information on our Website is correct, actual product packaging and materials may contain more and different information to that displayed on our Website. Ingredients may also change. All information about the products on our Website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our Website. Please always read labels, warnings and directions provided with the product before use.

For healthcare products, in the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer. Content on this site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. The Peach Body accepts no liability for inaccuracies or misstatements about products by manufacturers.

5. CUSTOMS

When ordering products from The Peach Body for delivery outside of the UAE you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from The Peach Body, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

6. OUR LIABILITY

The Peach Body will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are shipped, you may cancel your order at any time prior to shipping.

7. APPLICABLE LAW

These conditions are governed by and construed in accordance with the laws of the Dubai International Finance Center (“DIFC”). If any dispute, claim, difference or controversy arising out of, relating to or having any connection with these conditions, including as it may relate in any way to your use of any The Peach Body Service, or to any products or services sold or distributed by The Peach Body or through thepeachbody.com, or the existence, validity, interpretation, performance, breach or termination and/or any dispute relating to any non-contractual obligations arising out of or in connection with them (for the purpose of this section, a “Dispute”) qualifies for determination through the DIFC Small Claims Tribunal (“SCT”), then the SCT shall have exclusive jurisdiction to settle any such Dispute. For Disputes that do not qualify for determination through the SCT, the courts of the DIFC shall have exclusive jurisdiction to settle such Dispute and each party submits to the exclusive jurisdiction of the courts of the DIFC. For the purposes of this section, you waive any objection to either the courts of the DIFC or the SCT, as applicable, on the grounds that either of them is an inconvenient or inappropriate forum to settle any Dispute.

8. AMENDMENTS TO THE CONDITIONS OF SALE

We reserve the right to make changes to our Website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

9. WAIVER

If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.

10. TERMS OF PRODUCT USE

You must only use the products in accordance with the instructions provided and only for the purpose in which they are provided. Nothing in these terms provide you with any entitlement or right to sell, license or distribute our products to third parties.

This site is solely an online store for oral/beauty products. This website is not a substitute for professional medical advice, however we do advise to consult your health care practitioner/doctor/ or physician before the purchase of any products listed. Your physician or health care practitioner can address any concerns, medical questions and queries regarding the possible treatment of any medical condition. The Peach Body does not, and is not, able to give or intend to provide any advice in connection with your medical related questions. This website does not replace any medical professional resource.

We do not represent ourselves as a doctor/physician and nor is this implied.  By placing an order through The Peach Body you accept all risks associated with the product as well as any complications that may arise as result of your use of the product.

IF YOU NEED MEDICAL ATTENTION OR YOUR DOCTOR IMMEDIATELY.

PEOPLE UNDER THE AGE OF 18, WHO ARE PREGNANT, HAVE HEALTH PROBLEMS, OR ARE ALLERGIC TO ITEMS INSIDE THE SCRUB SHOULD CONSULT A RELEVANT MEDICAL PROFESSIONAL BEFORE USING THIS PRODUCT. It remains the user’s responsibility to ensure you are not allergic to ANY of the ingredients inside the scrub or product before using.

11. CHILDREN

We do not sell products for purchase by children. If you are under 18 you may only use Thepeachbody.com with the involvement of a parent or guardian.

12. OUR CONTACT DETAILS

Our contact details are:

Atman Enterprise FZE LLC

A-62-01-01-07- Flamingo Villas

Ajman, United Arab Emirates

https://thepeachbody.com