OAW Site Use and Health Disclaimer & Product Refund Information
Health Disclaimer: It is your right to educate yourself in health and medical knowledge, to seek helpful information and make use of it for your own benefit, and for that of your family. You are the one responsible for your health. In order to make decisions in all health matters, you must educate yourself. The views and nutritional advice expressed by Oasis Advanced Wellness are not intended to be a substitute for conventional medical service. If you have a severe medical condition, see your physician of choice. We do not claim to "cure" disease, but simply help you make physical and mental changes in your own body in order to help your body heal itself.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH OASIS ADVANCED WELLNESS OFFERS YOU ACCESS TO OUR WEBSITE.
This Agreement describes the terms and conditions applicable to your use and/or purchase of our goods and/or services available under the domains, sub-domains of www.oawhealth.com and other websites owned or operated by Oasis Advanced Wellness and/or associated entities, as well as use of the websites themselves. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our website, goods and/or services.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which include those terms and conditions expressly set out below and those incorporated by reference, before you may purchase through or use the Oasis Advanced Wellness website. This User Agreement ("Agreement") constitutes the entire agreement of the parties. This agreement is entered into by the customer (hereinafter "Customer") and Oasis Advanced Wellness, a Texas Company (hereinafter "Oasis Advanced Wellness"). We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement may not be otherwise amended except in a writing signed by you and Oasis Advanced Wellness. This Agreement is effective on May 1, 2004 for new users, and is otherwise effective 30 days subsequent to that date for all users prior to May 1, 2004.
1. Use Eligibility.
Our goods and/or services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our goods and/or services are not available to minors. If you are a minor, you may use this website only in conjunction with your parents or guardians. If you do not qualify, please do not use our website, goods or services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
2. Payment.
Customer agrees to compensate Oasis Advanced Wellness for any goods or services ordered through this website at the original purchase price. ex. promotions, distributors, etc.
3. No Warranty.
WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR MANUFACTUERES PROVIDE OUR WEBSITE, GOODS AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
4. Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES, CONTRACTORS OR OUR MANUFACTURERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR MULTIPLIED DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING LOSS OF PROFITS, LOSS OF USE OR OTHER ECONOMIC DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF OASIS ADVANCED WELLNESS' LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR BY STATUTE (INCLUDING, BUT NOT LIMITED TO, THE TEXAS DECEPTIVE TRADE PRACTICES ACT AND ALL OTHER CONSUMER PROTECTION STATUTES). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, CONTRACTORS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES, IN ANY CIRCUMSTANCE, IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF THE PURCHASE, AND (B) $100. CUSTOMER ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY IS PART OF THE CONSIDERATION OF THIS AGREEMENT, AND WAS SPECIFICALLY INCLUDED BY OASIS ADVANCED WELLNESS IN THE CALCULATION AND ESTABLISHMENT OF THE PRICES PAID BY CUSTOMER, WHICH, BUT FOR THIS LIMITATION, WOULD HAVE BEEN MUCH HIGHER.
5. Indemnification.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. CUSTOMER SHALL ALSO INDEMNIFY AND PAY TO OASIS ADVANCED WELLNESS, AS WELL AS HOLD OASIS ADVANCED WELLNESS HARMLESS AGAINST ANY AND ALL LOSSES, CLAIMS, DEMANDS, LIABILITIES, ATTORNEYS' FEES, OR ANY OTHER EXPENSES WHATSOEVER WHICH OASIS ADVANCED WELLNESS MAY AT ANY TIME SUSTAIN, INCUR, OR BE PUT TO BY REASON OF, OR IN CONNECTION WITH, ITS PERFORMANCE UNDER THIS AGREEMENT, OR YOUR USE OF THE APPLICABLE WEBSITES, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM OASIS ADVANCED WELLNESS' SOLE OR COMPARATIVE NEGLIGENCE.
6. Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our website, goods and/or services.
7. Notices.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Oasis Advanced Wellness, Attn: Legal Department, 35 South CreekMist Place, The Woodlands TX 77385 (in the case of Oasis Advanced Wellness) or to the address you provide to Oasis Advanced Wellness during the purchase process (in your case). Notice shall be deemed given 3 days after the date of mailing.
8. Arbitration.
Any legal controversy or legal claim arising out of or relating to this Agreement or our goods and/or services, excluding legal action taken by Oasis Advanced Wellness to collect our fees and/or recover damages for, or to obtain an injunction relating to, the Oasis Advanced Wellness website operations and intellectual property, shall be settled by binding single-arbitrator arbitration in accordance with the Commercial Arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Houston, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Oasis Advanced Wellness may seek any interim or preliminary relief from a court of competent jurisdiction in Houston, Texas necessary to protect the rights or property of Oasis Advanced Wellness, pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00. Parties agree that the Federal Arbitration Act, the United Nations Convention for the Enforcement of Commercial Arbitration Awards, and all other applicable laws and conventions apply to this agreement.
9. Intellectual Property.
Both parties agree that Oasis Advanced Wellness is the sole owner of its website and all its contents, and that said website and contents constitute valuable intellectual property. Customer promises not to use Oasis Advanced Wellness' website, nor its contents for any use, other than informational purposes intended by Oasis Advanced Wellness or to purchase goods and/or services. Customer promises not to make any copy or colorable imitation of Oasis Advanced Wellness' website for any purpose whatsoever. Customer agrees that in the event of a breach or threatened breach by Customer of the terms and conditions of this paragraph, Customer agrees that Oasis Advanced Wellness shall be entitled to a Temporary Restraining Order and/or a Permanent Injunction restraining Customer from breaching or attempting to breach, in whole or in part, any confidentiality, or intellectual property covenant set forth above. Oasis Advanced Wellness may pursue such injunctive remedies in addition to any other legal remedy. Nothing herein shall be construed as prohibiting Oasis Advanced Wellness from pursuing any other remedies available to Oasis Advanced Wellness for such breach or threatened breach, including the recovery of damages from Customer. Any indulgence by Oasis Advanced Wellness under this Section shall not be construed to be a waiver of any of its rights hereunder.
10. Miscellaneous.
A. This Agreement contains the entire agreement of the parties. This written agreement supersedes any and all oral negotiations and/or representations of the parties hereto made in relation to this transaction. This agreement neither confers nor creates any rights or responsibilities not specifically enumerated herein.
B. This Agreement may be modified only by written attachment agreed to and executed by all of the parties hereto.
C. This Agreement shall be subject to and governed by the laws of the State of Texas, with the exception of its conflict of laws provisions.
D. Any waiver or forbearance by Oasis Advanced Wellness of any breach (by Customer) of any provision of this Agreement shall not be construed as a waiver of any subsequent breach by Customer.
E. This Agreement shall be binding upon the parties and their executors, administrators, successors, and assigns.
F. If any provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity, or unenforceability will not effect any other provision hereof. Such provision and the remainder of this Agreement and Schedules shall, in such circumstances, be deemed modified to the extent necessary to render the remaining provisions enforceable. You can also call 832.295.0560 for customer service.
G. By checking the box marked Read and Agree to OAW Disclaimer, and agreeing to this disclaimer, you are providing us with a digital signature.
11. Guarantee Time Limit.
I acknowledge the 45 day money back guarantee policy on all Oasis Advanced Wellness products as well as private labeled OAW products. I also acknowledge the 60 day money back guarantee return policy on Oasis Advanced Wellness' Oasis Serene and Oasis Serene Plus products.
To qualify for a refund you must fulfill the following requirements:
- Return Authorization Number – Before the product is returned to OAW and before the 45 day return period has ended, you must contact us at staff@oasisadvancedwellness.com in order to receive a RA Number. OAW will not accept any returns that do not have an official RA Number displayed on the outside of the package.
- Return all remaining or unused portions of the OAW product including any unopened bottles that you may have purchased.
- Include a copy of the original invoice (proof of purchase) which was mailed to your email address at the time of purchase. You are reminded, at the time of order, that if you do not receive your invoice by the next business day, to contact us immediately and we will resend. Please remember to check for your Invoice in the Spam and Junk file folders before emailing us. We will not refund orders without a copy of the original invoice (proof of purchase). Please do not call or email us in order for us to look up your invoice as we do not have full-time staff for this. Postal Delivery Notices from stamps.com, bank statements and/or credit card receipts are not accepted as proof of purchase. Products that are received in our offices without a copy of the original invoice will not be refunded and will be promptly disposed of. No exceptions.
- The OAW product return must be received in the OAW offices any time within 45 days (before or on) from purchase date (60 days for Oasis Serene). We are not responsible for returns that are incorrectly addressed, do not reach our office because of Post Office delivery error or returns that do not reach our office within the 45 day limit. We highly suggest that returned OAW products be sent with signature required/returned receipt.
- You will be refunded the full amount of the OAW product purchase price, less shipping costs.
- For returns of 12 or more of the same item a 20% restocking fee will apply.
- PLEASE MAKE NOTE: THE RA NUMBER MUST BE BOLDLY DISPLAYED ON THE OUTSIDE OF THE PACKAGE THAT IS BEING RETURNED. IF THERE IS NO RA NUMBER CLEARLY VIEWABLE ON THE OUTSIDE, THE PACKAGE WILL BE REFUSED AND PROMPTLY RETURNED TO SENDER.
The mailing address for returns is:
Oasis Advanced Wellness
35 South CreekMist Place
The Woodlands TX 77385
Qualified Products
Intramax
Mag 07
Super Phos 30
Latero-Flora
Breath Fresh
Aerobic Mag 07 Cleansing Combo Pack 1
Aerobic Mag 07 Cleansing Combo Pack 2
Aerobic Mag 07 Cleansing Combo Pack 3
Optimum E – Full Spectrum Eight
Oregasil
Premier 8
GlycoEssential 7
SambuMax LD
Oxy-SC
B-12 Select
Germ Fighter Spray
Oasis Serene
Oasis Serene Plus
MSM Supreme
Hydra-Tone
Oxy-Balm
No-Bite XF
UV Natural Sunscreen
UV Natural Sport Sunscreen
All Wellness Water Products – according to Manufacturer’s Warranty
All Air Purification Products – according to Manufacturer’s Warranty
At OAW we want you to be completely satisfied with your purchase(s). However, should you need to return a product that is on the list above, it is your responsibility to read, understand and follow the OAW Return Policy. If you have questions about our Returns Procedure or something is not clear, please e-mail us at staff@oasisadvancedwellnesscom We cannot refund for health care items that are not included on the Product Return List (above). No exceptions. Your satisfaction is important to us and by working together we will do everything possible to make your shopping experience with OAW a pleasant one—100% of the time.
