Terms & Conditions for Online Sales
By making a purchase on our website, Jolienan.com (hereinafter referred to as the "Website" or “Site”) or podia.com, you acknowledge and agree to be bound by the following Terms & Conditions for Online Sales (Terms). These terms govern the sale of products and services offered on the Website and constitute a legally binding agreement between you (referred to as "Customer," "you," or "your") and Jolie Nan Coaching and/or Jolie Nan Slovis, LLC ( both referred to as "Company," "we," "our," or "us"). Please read these terms carefully before proceeding with your purchase.
1. Acceptance of Terms:
By placing an order on our Website, you confirm that you have read, understood, and agree to abide by these Terms & Conditions for Online Sales. If you do not agree with any part of these terms, please refrain from making a purchase.
2. Order Placement:
All orders placed through the Website are subject to availability and acceptance by us.
Once you place an order, you will receive an email confirming the details of your order. This email does not constitute our acceptance of your order; it only confirms that we have received it.
3. Cancellation of Orders:
If you wish to cancel an order, please contact our customer service as soon as possible. Orders can only be canceled before they have been shipped. Once an order has been shipped, it cannot be canceled.
In the event that an order is canceled before shipment, any payment made for the canceled order will be refunded to the original payment method used, subject to any applicable fees.
4. Changes to Orders:
Changes to orders, including changes to products, quantities, or shipping information, may be requested before the order is shipped. We will do our best to accommodate changes, but we cannot guarantee that all requests will be granted.
Changes to orders may impact the total order amount, and any adjustments will be communicated to you before processing the changes.
5. Pricing
Prices listed on the Website are in the currency specified and are exclusive of applicable taxes, shipping charges, and duties.
We reserve the right to adjust prices based on factors including but not limited to changes in market conditions, supplier pricing, currency fluctuations, and industry trends.
6. Payment:
Company accepts the following payment methods for online purchases on our Site:
Credit or Debit Card (Visa, MasterCard, American Express, Discover, etc.)
We reserve the right to add or remove payment methods at our discretion. The available payment methods will be clearly indicated during the checkout process on the Website.
Certain Paid Services may include an initial period at no cost, or they may involve a single upfront payment, followed by ongoing charges for subsequent periods as mutually agreed. Opting for a recurring payment plan implies your recognition that these Services incorporate both an initial and ongoing payment aspect. Before canceling, you agree to take responsibility for all recurring charges.
We hold the authority to initiate periodic charges (e.g., monthly) without any further authorization from you. This will continue until you provide us with notification of your decision to revoke this authorization or to update your chosen payment method.
By providing payment information, Customer affirms that you have the legal right to use the payment method(s) you provide for the purchase and that the payment information you provide is accurate, current, and complete.
In the event of unauthorized or fraudulent use of a payment method, you must promptly notify us and the relevant payment service provider(s) to report the incident and take appropriate actions to protect your interests.
Payment processing is subject to the terms and conditions of the payment service provider(s) and applicable financial institutions. We are not responsible for any delays, errors, or disputes that may arise during the payment process.
We may store and process payment information in accordance with our Privacy Policy.
7. Shipping and Delivery:
Shipping costs and delivery times are provided on the Website. Please review this information before completing your purchase.
We aim to fulfill orders within the specified timeframe, but we are not responsible for any delays that may occur during transit.
8. Returns and Refunds:
We strive to provide high-quality products and services. If you are not satisfied with your purchase, you may be eligible for a refund subject to the terms outlined in this Refund and Return Policy.
Some items, as indicated on the product page, are not eligible for return or refund. This may include but is not limited to personalized or custom-made items, downloadable digital products, and perishable goods. Please carefully review the product description to determine if an item is returnable before making a purchase.
To initiate a return or refund for eligible products or services, you must contact our customer service within forty-eight (48) hours of receiving the product or service. We will provide you with instructions on returning the item or relevant refund process. Items must be returned in their original condition, unused, and in their original packaging.
If the return is due to a product defect or an error on our part, we will cover the cost of return shipping. If the return is not due to a product defect or an error on our part, you will be responsible for the return shipping costs.
Once we receive and inspect the returned item, we will notify you of the status of your refund. Refunds will be processed using the original payment method used for the purchase. The refund amount will be the purchase price of the returned item, less any applicable restocking fees or shipping costs.
9. Damaged or Defective Items:
If you receive a damaged or defective item, please contact our customer service within forty-eight (48) hours of receiving the product. We will arrange for a replacement or a refund.
10. Intellectual Property:
All content, including but not limited to graphics, logos, buttons, icons, images, text, captions, audio and video clips, digital downloads, data compilations, and software (“Content”), displayed on the Website is solely owned by Company, or our licensors or licensees. The compilation of the Content is Company’s exclusive property, protected by United States and international copyright laws, treaties, and conventions.
You agree not to use, reproduce, distribute, or create derivative works based on our content without obtaining prior written permission from us.
Company grants Customer a limited, revocable, and non-exclusive license to access and make personal use of the Content. No other uses of the Content are authorized or permitted without the express written consent of Company. No Content or other Internet site owned, operate, licensed, or controlled by Company may be in any way copied, reproduced, republished, downloaded, uploaded, modified, posted, transmitted, distributed, sold, resold, or otherwise exploited for any commercial purpose.
Upon identification of any unauthorized utilization of our intellectual property, we shall contact and notify you of the infringement in writing. We will provide you a twenty-four (24) hour grace period from the time of electronic notification to remove the infringing content from all posting locations. Failure to comply within the stipulated twenty-four (24) hour timeframe will incur a penalty of $500 for each day of non-compliance, calculated on a per calendar day basis. Failure to comply within seven (7) calendar days after the receipt of our infringement notice, will result in the pursuit of any and all legal remedies including prosecution to the maximum extent of the law. By using this Site, you agree, understand, and acknowledge this provision.
11. International Privacy Laws and Your Rights under the GDPR
Our website is designed to be accessible from various regions around the world, and we are committed to protecting your privacy and complying with applicable international privacy laws, including the European Union's General Data Protection Regulation (GDPR). If you are visiting this website from outside of the United States, be aware that the information that you submit may be sent to servers located within the United States or back out of the United States to other countries depending on the type of information that you submit and where it is stored by Jolie Nan Coaching. It is important to understand that these countries may not have data privacy laws as stringent as your country of residence.
If you are located in the European Economic Area (EEA) or are otherwise subject to the GDPR, you have certain rights regarding your personal information: Access, Rectification, Erasure, Restriction, Data Portability, Object to Processing, Withdrawal of Consent and to file a complaint with a supervisory authority containing jurisdiction over GDPR issues. If you wish to exercise any of the rights mentioned above, please contact us at Jolie@jolienan.com. We will respond to your request within a reasonable timeframe and in accordance with applicable laws. If you choose to withdraw consent, any processing completed based on your consent prior to your withdrawal will be considered lawful. If you are in the United Kingdom, you may lodge a complaint with your supervisory authority through the UK’s Information Commissioner’s Office: https://ico.org.uk/. If you are located in the EU/EEA more information about the EU/EEA Data Protection Authorities can be found at https://ec.europa.eu/newsroom/article29/items/612080
If you are located outside the EEA, please note that by using our website and services, you consent to the collection, processing, and storage of your personal information as described in our Privacy Policy.
We may update this clause to reflect changes in our handling of international privacy laws and your rights under the GDPR. Any revisions will be posted on our website, and the effective date at the top of this clause will be updated accordingly.
If you have any questions, concerns, or requests related to international privacy laws and your rights under the GDPR, please contact us at Jolie@jolienan.com.
12. Results Disclaimer:
All content provided on this Site and within the products and services provided on this Site, including but not limited to information, resources, and services, is for informational and educational purposes only. The information provided is not intended to replace professional advice, diagnosis, or treatment. The results or outcomes from utilizing the content on this Site may vary, and there is no guarantee of specific results. You, the User, acknowledges and agrees that you are fully responsible for your own actions, decisions, and results, and the Site makes no representations or warranties regarding the effectiveness or success of the information provided. The User assumes full responsibility for any consequences resulting from the use of any information or resources obtained from this Site.
13. Testimonial Disclaimer:
Any testimonials, reviews, or endorsements featured on this Site, including those related to products or services, are provided solely for informational and educational purposes. These testimonials reflect the individual experiences and opinions of those who have used the products or services and are not indicative of typical results. The Site does not guarantee that You or any User will achieve similar outcomes or experiences, and individual results may vary. You acknowledges and agrees that these testimonials do not constitute a warranty or guarantee of any kind.
14. LIMITATION OF LIABILITY:
TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, OR PUNITIVE DAMAGES INCLUDING LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING FROM YOUR USE OF THE PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE. IN NO EVENT SHALL OUR LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
15. DISCLAIMER:
THE INFORMATION ON THIS SITE AND WITHIN ITS PRODUCTS IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND IS FOR INFORMATIONAL PURPOSES ONLY. IT DOES NOT CONSTITUTE MEDICAL ADVICE. VIEWING THIS WEBSITE, AND/OR PURCHASING ANY PRODUCTS OR SERVICES, DOES NOT FORM ANY LEGAL, MEDICAL, PROFESSIONAL OR OTHER RELATIONSHIP BETWEEN YOU AND COMPANY. ALTHOUGH THIS SITE AND ITS PRODUCTS PROVIDE INFORMATION RELATED TO HEALTH, WELLNESS, AND MEDICAL ISSUES, THE CONTENT AND INFORMATION PROVIDED IS NOT INTENDED TO CONSTITUTE OR BE A SUBSTITUTE FOR ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER. YOUR USE OF THE SITE DOES NOT CREATE ANY DOCTOR-PATIENT RELATIONSHIP OR OTHER TREATMENT RELATIONSHIP BETWEEN YOU AND COMPANY OR ANY OF ITS REPRESENTATIVES (INCLUDING, BUT NOT LIMITED TO, JOLIE NAN SLOVIS). COMPANY ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON INFORMATION OR MATERIAL PROVIDED ON THIS SITE. RELIANCE ON ANY INFORMATION PROVIDED BY THIS SITE AND ITS PROVIDERS IS SOLELY AT YOUR OWN RISK. ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE.
16. NO WARRANTIES
THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS," “AS AVAILABLE,” AND “ALL FAULTS’ AND WITHOUT REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED. ALL INFORMATION, PRODUCTS, AND SERVICES ON THE SITE ARE PROVIDED IN GOOD FAITH, HOWEVER JOLIE NAN COACHING MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, VALIDITY, RELIABILITY, AVAILABILITY, OR COMPLETENESS OF ANY INFORMATION ON THE SITE. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE IS TO DISCONTINUE USING THE SITE.
17. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, and representatives from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or related to your violation of these terms, your use or misuse of the Website, or any violation of applicable law or regulation.
18. Assignment
Neither party may assign this Agreement, or any rights or obligations under this Agreement, without the other party’s written consent.
19. No Waiver
The failure or neglect by a party to enforce any of that party’s rights, granted through this Agreement, will not be deemed a waiver of that party’s rights. That party will retain the right to force or compel strict compliance with every provision of this Agreement.
20. Severability
If any part of this Agreement is declared unenforceable or invalid, the remaining provisions will continue to be valid and enforceable in full force and effect. The Agreement will be construed as if it had never contained any invalid or unenforceable provision.
21. Dispute Resolution & Arbitration
Any complaint or issue should be communicated with full details and description to Jolie Nan Coaching by e-mailing Jolie@jolienan.com.
However, in the event of any dispute whatsoever arising out of or in connection with these Terms, you agree to submit to binding arbitration with the American Arbitration Association before a jointly selected arbitrator, in accordance with the American Arbitration Association’s rules. Both we and you agree to waive the right to trial by jury.
The decision of the arbitrator shall be final and any judgment shall be entered into the state courts of Tennessee. The only award that can be issued to you is a refund of any payment previously made to Jolie Nan Coaching for the related product or service. You acknowledge and understand that you may not seek any additional damages whether consequential or punitive.
In agreeing to this Dispute Resolution clause, you affirm and understand that you are waiving
your right to a jury trial in court, which might otherwise be available to you but for this Dispute
Resolution clause. In the event that any arbitration must be held, it must be located within fifty
(50) miles of Shelby County, Tennessee. The prevailing party will be entitled to all
reasonable attorney’s fees and costs necessary to enforce this Agreement.
22. Governing Law and Jurisdiction:
These Terms and Conditions of Online Sale shall be governed by and construed in accordance with the laws of Tennessee, United States of America. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts located in Germantown, Shelby County, Tennessee.
23. Changes to Terms:
We reserve the right to modify, amend, or update these Terms & Conditions for Online Sales at any time without prior notice. Changes will be effective upon posting on the Website. It is your responsibility to review these terms periodically.
24. Force Majure
In the event either Party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably its control, such Party will not be liable for damages to the other Party for any damages resulting from such failure to perform or otherwise from such causes.
25. Entire Agreement
These Terms, along with our Privacy Policy and Disclaimer, represent the entire understanding between you and Jolie Nan Coaching with respect to its subject matter and supersede any previous communication or agreements that may exist.
26. Contact
If you have any questions, concerns, or feedback relating to these Terms or to this site, please contact Jolie@jolienan.com with a description of your concerns.
27. Conclusion
By making a purchase on our Website, you acknowledge that you have read, understood, and agreed to these Terms & Conditions for Online Sales.
Last updated: August 20, 2024