WEBSITE TERMS & CONDITIONS OF USE
TERMS AND CONDITIONS OF SALE
If you are purchasing or have purchased S’able Labs Product(s) from a third-party retailer or reseller, these Terms of Sale will not apply and you should refer to the terms and conditions of sale of the relevant retailer or reseller.
S’ABLE Labs Trading US Limited (referred to in these Terms of Sale as “S’ABLE”, “we”, or “us”) is a company registered in England and Wales, whose registered number is 13967829 and whose address is at 10 Queen Street Place, London,United Kingdom,EC4R 1AG.
Should you have any questions about these Terms of Sale or wish to contact us for any reason, please use the Contact Us section on the Website.
By ordering any Products from us, you confirm that you are: (a) a resident of the United States; and (b) ordering Products for delivery in the United States or (a) a resident of Canada; and (b) ordering Products for delivery in Canada.
If any of the above is incorrect, you must not order any Product from this Website and we reserve the right, in our sole discretion, to refuse or accept your order.
Product descriptions and Pricing
All Product descriptions and images shown on the Website are provided in good faith but are intended as guidance only and actual Products may vary accordingly.
The packaging of the product may vary from that shown in images on our website.
The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Products may vary slightly from those images. The packaging of Products may vary from that shown in images on our Website.
All prices shown on the Website are in United States dollars. Prices shown on the Website do not include applicable sales tax, shipping, gift packaging or other charges, which will be added to any order you place and summarized for you at checkout.
Although we use reasonable efforts to keep prices up-to-date on the Website, we reserve the right to alter prices at any time.
Any material and information presented by S’ABLE on the Website or with any Products sold through the website is intended to be used for informational purposes only. Any statements and Products are not intended to diagnose, treat, cure or prevent any condition or disease. All Products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for Products to avoid potential allergic reactions. Use of the Website is not meant to serve as a substitute for professional medical advice. If you have any personal concerns, please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Website before using or relying on them.
You acknowledge that, as between you and us, S’ABLE, our licensors and any S’ABLE Affiliates (defined below) own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Products ("IPR"). An affiliate is any entity that directly or indirectly controls, is controlled by, or is under common control with another entity (Affiliates).
If any IPR vests in you, whether by operation of law or otherwise, you agree to assign and hereby assign to us all right, title and interest (whether legal or beneficial) in such IPR throughout the world absolutely to the fullest extent possible, including any and all renewals and extensions of such IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in relation to the Products. You also agree to execute and do all such deeds, documents, acts and things as we may reasonably require in order to assign any IPR to us, to carry out the intended purpose of these Terms of Sale or to establish, perfect, preserve or enforce our rights under these Terms of Sale. You also acknowledge that the Products are intended for your own personal use and that you will not resell the Products to any other persons.
How to order Products
When you have found a Product on the Website that you would like to buy, please click on the button labelled "ADD TO CART". This will add your Product to a virtual "Shopping Cart" (the “Cart”). You can then proceed to pay for the Products in your Cart by clicking on Cart in the menu bar and then clicking “PLACE MY ORDER”. Alternatively, you can continue browsing the Website and add additional Products to your Cart.
You can see what Products are in your Cart at any time by clicking on Cart in the menu bar. If you wish to remove a Product from your Cart, simply click on the “Remove” button next to that product in your Cart. You can pay for the Products in your Cart at any time by clicking the button labelled “PLACE MY ORDER”.
Once you have clicked on “PLACE MY ORDER” you will be given the option to Register, Checkout as a Guest or check out instantly with Shop Pay or Google Pay. You will then be asked to provide various information necessary to process your order and deliver the Product(s) to you. You can provide this information by filling in the fields requested on the screen. We respect your right to privacy and will only use any information you provide to us in accordance with our Privacy and Cookies Policy.
We must limit any orders to no more than ten (10) units of any single item (i) per order; and (ii) per customer in case of multiple orders placed within 12 months. We reserve the right to reject, cancel or terminate any order at our discretion without reason.
Our contract with you
Once you place your order to purchase a Product from us by following the steps outlined above and by clicking the button labelled “PLACE MY ORDER” we will send you an email confirming your purchase. This email will provide you with the details of the order. This is not an order acceptance by us. A shipping confirmation email, including a tracking number will be sent when your order leaves our warehouse, which will signal our acceptance of your order. If we are unable to accept your order, we will inform you by contacting the email and/or billing phone number provided at the time you placed your order, and will not charge you for the Product(s). This might be because (i) the Product is out of stock, (ii) we have identified an error in the price or description of the Product; or (iii) we are unable to obtain authorization for your payment; or (iv) because of unexpected limits on our resources which we could not reasonably plan for.
We reserve the right to refuse any order placed with us. We may, in our discretion, limit or cancel quantities purchased.
The contract will be concluded in English.
Payment for the Products
All Products will remain our property until we have received payment in full for those Products. If you return any Products, your refund will be processed only upon receipt by us of the applicable Products.
During the checkout process, you will be asked to complete your payment details. We accept most major credit and debit cards. Please note that we will collect, store and use your information in accordance with our Privacy & Cookies Policy.
All card payments are subject to authorization by your card issuer. If your payment is not authorized, we will cancel your order and notify you in writing (which may include e-mail) that we have done so. If for any reason your card issuer cancels payment for the Products after they have been shipped to you, upon written notification from us (which may be by e-mail), you must return those Products to us at your own expense or provide an alternate source of payment for the Products. If you fail to do so within 2 weeks of notification from us, without limiting any other remedies that may be available to us, we may arrange to collect the Products or amounts due from you at your expense (including by use of a third party collection agency, if necessary).
If we cannot supply you with the Products that you have ordered, we will cancel your order and inform you of this as soon as reasonably possible. We will give you a full refund where you have already paid for the Products.
Delivery of the Products
For information on shipping including shipping costs and estimated delivery times please see the Shipping section in the FAQ's on our Website.
Delivery will be to the address specified in your order. If no one is available at the address at the time of delivery, the Products will either (i) be retained by the delivery company for a reasonable period of time and then returned to us or (ii) will be left in your designated “safe place” if you selected this option. If you choose to have your order delivered to a safe place, please select from one of the chosen safe places on the list and ensure that the safe place you choose is protected from the elements and is guarded from public view to avoid damage and theft. However, we can't guarantee that our carriers will be able to meet these instructions under all circumstances although we will endeavour to accommodate your request. You acknowledge that you are fully responsible for any order left in your chosen safe place.
If Products are returned to us by the delivery company due to their inability to deliver the Products to you, we will issue you with a refund for the Products but reserve the right to retain any costs incurred in arranging for the delivery and return of the Product.
All risk in the Products you order (including risk of loss and/or damage to the Products) shall pass to you upon delivery to you. Products will be considered delivered once they are left in your designated safe place, if applicable.
We shall be under no liability for any delay or failure to deliver Products if the delay or failure is caused by a third party or is wholly or partly caused by circumstances beyond our control.
Our liability to you
We will use reasonable skill and care in fulfilling any order placed by you which is accepted by us. However, we exclude all other representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law.
Save as expressly set out in these Terms of Sale, we will not be liable for any special, indirect, incidental, consequential or economic loss or for loss of profits or revenues howsoever caused arising in connection with any order placed by you.
Notwithstanding the above, our total liability (whether in contract, tort, negligence or on any other basis) to you, for any loss or damage shall be limited to the sums paid or payable for the Products.
We will not be liable to you where we breach these Terms of Sale due to any cause that is beyond our reasonable control, including acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
Nothing in these Terms of Sale shall limit our liability for personal injury, death or fraud.
This clause does not affect your statutory rights as a consumer.
Returns and Refunds information can be found in our FAQ's.
We hope you love your purchases, but if for any reason you do need to return something to us, please contact us within 30 days of receiving your products by email at firstname.lastname@example.org.
Other important terms
We may update or amend these Terms of Sale from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website and the date of the most recent update will be noted below.
These Terms of Sale supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.
You may not assign or sub-contract any of your rights or obligations under these Terms of Sale to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligations under these Terms of Sale to any third party at our discretion.
No relaxation or delay by us in exercising any right or remedy under these Terms of Sale shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
If any of these Terms of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms of Sale shall remain in full force and effect.
Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be a beneficiary of or entitled to enforce any of these Terms of Sale.
These Terms of Sale are governed by the laws of the State of Delaware, without regard to the conflicts of laws principles thereof. In the event of any matter or dispute arising out of or in connection with these Terms of Sale, you and we shall submit to the exclusive jurisdiction of the courts of competent jurisdiction located in New York, New York.
Last updated March 2023.
The following topics are covered below:
- Third-Party Content
- Use of Content
- Materials You Submit
- Prohibited Activities
- Product Information
- Sales to Business Customers
- Trademarks and Copyrights
- Infringement Notice
- LIMITATION OF LIABILITY
- Jurisdiction, Applicable Law and Arbitration
- Entire Agreement
- How to Contact Us
Certain features of the Sites may require registration or otherwise ask you to provide information to access certain content. The decision to provide this information is purely voluntary. However, if you elect not to provide the requested information, you may not be able to access certain content or use certain features of the Sites. You agree that you will not provide any false personal information to the Sites or create an account for anyone other than yourself without their permission. You also agree not to create more than one account for yourself. If you select a username for your account, we reserve the right to remove or reclaim it if we believe in our sole discretion that is necessary or appropriate (e.g., if a trademark owner complains about a username). If you register with the Sites, you are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Sites. You accept responsibility for all activities that occur under your account, email, or password, if any, and agree you will not sell, transfer, or assign your account. S’able may, in its sole discretion, and at any time, with or without notice, terminate your password and account, for any reason or no reason at all. If we disable your account, you agree that you will not create another one without our permission. Additional terms and conditions may apply to certain limited-access portions of the Sites.
2. Third-Party Content
Certain content features and functionality on the Sites (“Third-Party Content”), which may include, for example, general information, information about our company or about third parties, or interactive tools, may be owned and operated by third parties (collectively, “Third-Party Providers”). We may, but are not obligated to, monitor or review any areas on the Sites containing Third-Party Content. The inclusion of Third-Party Content is not, and should not be construed as, our endorsement of such Third-Party Content. Your use and interaction with such Third-Party Content may be subject to separate terms and conditions of Third-Party Providers. If you access Third-Party Content, you will comply with the terms and conditions that apply.
FOR AVOIDANCE OF DOUBT, WE ACCEPT NO RESPONSIBILITY FOR UNRELATED THIRD-PARTY CONTENT AND HEREBY DISCLAIM ALL LIABILITY RELATED TO YOUR USE OF THIRD-PARTY SITES.
3. Use of Content
The Sites, including but not limited to text, designs, graphics, logos, photographs, videos, audio, downloads, interfaces, software, and features, and the design, selection and arrangement thereof and all intellectual property associated with the foregoing, but specifically excluding Third-Party Content (collectively, the “Content”), are owned by us, our affiliates, and/or our licensors. We grant you a limited, non-transferable, non-sublicensable, non-exclusive license to access and use the Sites, and download and print the Content, for your personal and non-commercial informational use only, provided you do not remove any copyright, trademark or other proprietary notice that appears on the Content. Any other use of the Sites or any Content, including but not limited to the modification, distribution, performance, broadcast, publication, licensing, copying of source code or images, reverse engineering or resale of, or the creation of derivative works from the Sites or any Content, is prohibited, except as expressly permitted by applicable law. You agree to abide by all additional restrictions displayed on the Sites as they may be updated from time to time. We may revoke this license at any time for any or no reason. All rights not expressly granted are reserved by the applicable rights owner. You will not: (i) use any hardware or software intended to damage or interfere with the proper working of the Sites; (ii) intercept any system, data or personal information from the Sites; or (iii) interrupt or attempt to interrupt the operation of the Sites in any way. We reserve the right, in our sole discretion, to limit or terminate your access to or use of the Sites, in whole or in part, at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled at law or in equity.
4. Material You Submit
You acknowledge that you are responsible for any material you may submit via the Sites, including the legality, reliability, appropriateness, originality, and copyright of any such material. You may not upload to, distribute or otherwise publish through the Sites any material that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any material. You may not upload commercial content onto the Sites. You grant us an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any material that you submit throughout the world in any media. You further agree that we are free to use, without consideration, any ideas, concepts, know-how that you or individuals acting on your behalf provide to us. You grant and are authorized to grant us the right to use, without consideration, any name or likeness you submit in connection with such material, if the company so chooses. You represent and warrant that you own or otherwise control all the rights to any material you submit; that the material is accurate and non-infringing, and does not otherwise violate the rights of any person or entity and conforms to all applicable law; that use of the material you submit does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify us (and our affiliates and subsidiaries) for all claims resulting from any material you submit. We are under no obligation to use, post or disseminate any material you submit, and we have the absolute right to remove any material from the Sites in our sole discretion at any time.
5. Prohibited Activities
You may not use any automated device, program, algorithm or methodology or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Sites or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Sites or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Sites. You may not attempt to gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to the Sites or to any of our servers, or to any of the services offered on or through the Sites, by hacking, password “mining” or other illegitimate means. The consumer-facing portions of the Sites are for the user’s personal and non-commercial use only.
The Sites may contain links to other websites, some of which may be operated by us and others of which may be operated or controlled by third parties (“Third-Party Sites”), including links contained in advertisements, such as banner advertisements and sponsored links. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. The inclusion of links to Third-Party Sites is not, and should not be viewed, as our endorsement of the Third-Party Sites or any content therein. Different terms and conditions apply to your use of Third-Party Sites.
WE ACCEPT NO RESPONSIBILITY FOR THIRD PARTY SITES AND HEREBY DISCLAIM ALL LIABILITY RELATED TO THEM. IF YOU DECIDE TO ACCESS ANY THIRD-PARTY SITES, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH THIRD-PARTY SITES.
7. Product Information
The products displayed on the Sites are only distributed in certain select countries. Except for our business-facing Sites, all information presented on the Sites is intended to be used for personal, educational, or informational purposes only. You are responsible for seeking the advice of appropriate professionals concerning information, opinions and products available through the Sites. Our products are not intended to diagnose, treat, cure, or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients of products to avoid potential allergic reactions. Minors should use our products only with the permission of a parent or legal guardian.
Products may vary slightly from their pictures. The images of the products on our Sites are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products.
While we will take reasonable care to ensure that the details, descriptions, images and prices appearing on the Sites are correct at the time the information was entered onto the system, to the fullest extent permitted by applicable law, we do not warrant that the product descriptions, colours or other content on the Sites are accurate, complete, reliable, current or error-free.
8. Sales to Business Customers
Products can be ordered by business customers and delivered to business customers only within the country targeted by the Sites involved. Except where prohibited by law, we may limit the number of products available for purchase. When you place an order through the Sites, you make an offer to buy the relevant products. While we may confirm receipt and processing of orders, such confirmation does not constitute our acceptance of your order. We reserve the right to reject or cancel any order, or reduce the quantity of any order, in whole or in part, at any time prior to shipping as determined by us in our sole discretion.
All prices displayed on the Sites are quoted in the national currency of the country from which the Site is available, unless another currency is specified, and are valid only in that country. A suggested price refers to the manufacturer’s suggested retail price. The price listed refers to the price at which we are making the product available. If you place an order for a product through the Sites, you agree to pay the price that is stated in your order and any applicable taxes stated in your order. While we try to provide accurate pricing information on the Sites, a price stated on the Sites occasionally may be in error. If we determine that the correct price is higher than the stated price, we are not obligated to fulfil your order at the stated price. Occasionally we may offer special promotions that we refer to as “special offers.” Special offers may be for a limited time only, may be available in limited quantities, and may be subject to additional terms and conditions. Special offers cannot be combined unless we specifically state otherwise.
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. In such a case, we may reject your order, or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity.
9. Trademarks and Copyrights
10. Infringement Notice
We respect the intellectual property rights of others and request that you do the same. Accordingly, we have adopted a policy to respond to notices of claimed infringement and terminate, in appropriate circumstances, the accounts of users who are repeat copyright infringers. If you believe that your copyright or the copyright of a person or entity on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:
Hyphenate Life Limited t/a S’able Labs 10 Queen Street Place, London EC4R 1AG
Attn.: Legal Department
You understand and agree that we may terminate your account or password, delete your account information, and/or prohibit you from accessing the Sites, in whole or in part, for any reason or no reason at all, at any time in its sole discretion, with or without notice. We shall not have any liability to you or any other person for any termination of your access to the Sites and/or the removal of information concerning your Account. In addition, any violation of this Agreement may be referred to law enforcement authorities.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOUR USE OF THE SITES, CONTENT, THIRD-PARTY CONTENT, LINKS AND THIRD-PARTY SITES IS AT YOUR SOLE RISK. THE SITES, CONTENT, THIRD-PARTY CONTENT, LINKS AND THIRD-PARTY SITES AND RELATED SERVICES AND FEATURES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES AS TO: (I) MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NONINFRINGEMENT AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; (II) RESULTS TO BE DERIVED FROM THE USE OF THE SITES; (III) WHETHER THE CONTENT AND THIRD-PARTY CONTENT IS TRUE, COMPLETE, ACCURATE, NON-MISLEADING OR TIMELY; AND (IV) THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE IN THE SITES, CONTENT AND THIRD-PARTY CONTENT. WE DO NOT REPRESENT, COVENANT OR WARRANT THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE.
REFERENCE TO ANY PRODUCT OR SERVICE OF ANY THIRD PARTY DOES NOT CONSTITUTE OR IMPLY ITS ENDORSEMENT OR RECOMMENDATION BY US. VIEWS AND OPINIONS OF USERS OF THE SITES DO NOT NECESSARILY STATE OR REFLECT OUR VIEWS AND OPINIONS.
13. LIMITATION OF LIABILITY
NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR: (A) FRAUD OR FRAUDULENT MISREPRESENTATION; (B) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; OR (C) ANY OTHER LIABILITY WHICH WE CANNOT EXCLUDE OR LIMIT BY LAW.
The internet may be subject to breaches of security. S’ABLE is not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone over the internet.
15. Jurisdiction, Applicable Law and Arbitration
You and we agree that: (1) any claim or dispute (whether in contract, tort, or otherwise) that you may have against S’ABLE and/or its trading company, parent, subsidiaries, affiliates and each of their respective officers, directors and employees (all such individuals and entities collectively referred to herein as the “S’ABLE Entities”), or that any of the S’ABLE entities may have against you, arising out of, relating to, or connected in any way with the Sites or the determination of the scope or applicability of this agreement to arbitrate, will be resolved either by final and binding arbitration administered by the London Court of International Arbitration (LCIA) and be conducted in accordance with the Arbitration Act 1996.
Contact information for the London Court of International Arbitration, as well as copies of the Rules and applicable forms, are available at lcia.org or by calling the LCIA at Tel: +44 (0) 20 7936 6200.
17. Entire Agreement
20. How To Contact Us
Promotions may be available from time to time on the site and will be subject to separate Terms and Conditions at the time.