Introduction

This website www.danipepper.com (the “Website”) is owned and operated by Balance Distribution Corp. The terms “we”, “us”, and “our” refer to Balance Distribution Corp. The use of our Website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with our Privacy Policy and any terms, conditions or disclaimers provided in the pages of our Website. Please review the Terms carefully. The Terms apply to all users of our Website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this Website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our Website, use any of our Website’s services or place an order on our Website.

Use of www.danipepper.com

By using the Website, you represent and warrant that you will only use our Website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any criminal law, intellectual property law, privacy law or any other applicable law or regulation. You also represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.

You agree not to attempt to interfere with our Website’s network or security features or to gain unauthorized access to our systems.

If you provide us with any personal information, you authorize us to collect, use and disclose such information in accordance with our Privacy Policy.

Not medical advice

Information provided on the Website including without limitation information regarding product attributes is provided as general information. Information provided on the Website is not intended to be medical advice, nor is it intended to replace the need to consult a healthcare provider. Rather, we provide this information for discussion between consumers and their healthcare providers who will ultimately make any decisions regarding treatment.

General Conditions

We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the Website, including terminating, changing, suspending or discontinuing any aspect of the Website and or the products and services provided through the Website at any time, without notice. We may impose additional rules or limits on the use of our Website. You agree to review these Terms regularly for any changes and your continued access or use of our Website will mean that you agree to any changes.

You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our Website or for any service, content, feature or product offered through our Website. We may assign these Terms to anyone for any reason. You may not assign these Terms without our prior written consent.

Products or Services

All purchases through our Website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our Website or limit the sales of our products or services to any person, household, geographic region or jurisdiction.

Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our Website are quoted in U.S. dollars and do not include the cost of shipping. We reserve the right, in our sole discretion, to refuse orders. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities in addition to pursuing any other rights or remedies we have at law.

Return and Exchange Policy

We are completely dedicated to your health, pleasure and satisfaction. Our products are tested for quality and all shipments are carefully inspected prior to shipping. Please check your shipment upon arrival to ensure that it has not been damaged during shipping.

All claims for damaged product must be made within 72 hours of receipt. Please contact us at support@danipepper.com during that time and we will resolve the issue.

To ensure your satisfaction with our products we offer a 14-day customer satisfaction guarantee on your initial purchase. If you are not satisfied with your purchase, please contact us at support@danipepper.com within the 14-day time period. You will be responsible for returning the unused portion of the product to us. Upon receipt of the returned product we will refund your purchase price (less shipping expenses and any prorations for product consumption) to your original form of payment.

Shipping Policy

We ship using secure couriers in unmarked packages.

Shipping within the US:

Standard Shipping :

  • Free for all orders over $50.
  • Average transit time is 3-6 business days, but could take up to 10 business days until first delivery attempt. 
  • We do not guarantee shipping times for Standard Shipping.

Expedited Shipping:

  • Customer pays shipping based on weight of package. 
  • Average transit time is  2-5 business days until first delivery attempt. 
  • We do not guarantee shipping times for Expedited Shipping. 

Express Shipping:

  • Customer pays shipping based on weight of package. 
  • Up to 2 business days transit time until first delivery attempt.

Shipping to Alaska, Hawaii, Puerto Rico, Guam, US Virgin Islands, and other US Territories:

Standard Shipping:

  • Customer pays shipping based on weight of package.
  • International rates apply.
  • Standard shipping is the only option for these destinations. 
  • Your package is not subject to customs declaration.
  • We do not guarantee shipping times to these destinations.

Shipping outside of the US:

  • International Shipping fees are paid by the customer based on destination and weight of the package. 
  • There is no average shipping transit time for international shipping as it varies from country to country. 
  • The customer is responsible to pay any customs fees or tariffs incurred by the destination country.
  • Depending on the country of destination and varying regulations around CBD, some packages can take several weeks to clear customs.   If your tracking shows a delay in customs, please contact them directly to see what they need.    We are happy to provide additional product information to customs upon request.   
  • We can not guarantee that all packages will be cleared by customs and reach their destination.  
  • We can not guarantee shipment times outside of the US.  
  • Countries we don’t currently ship to:
    • Canada, Australia, India, Portugal, Spain, Malaysia, Mexico.

 

For any specific questions on shipping, please contact our customer care team at 1-209-314-5264 or support@danipepper.com for further information.

 

 

Links to third party websites

Links from or to websites outside our Website are provided for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our Website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. We shall not be a party to any transaction between you and any third party including any third party advertising on our Website, and we shall not be liable for any losses or damages arising out of such interaction with any third party. Without limiting the foregoing, any link to a third party press release, media coverage, stock exchange website or analyst coverage should not be taken as an endorsement by us of the views, analysis or projections contained in such materials.

Your personal information

Please see our Privacy Policy to learn about how we collect, use, and share your personal information.

Errors and omissions

Please note that our Website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.

We do not undertake to update, modify or clarify information on our Website, except as required by law.

SMS/MMS mobile message marketing program terms and conditions

Balance Distribution Corp. (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@danipepper.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Boulder, Colorado before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Dani Pepper’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified

 

Disclaimer and limitation of liability

You assume all responsibility, liability and risk with respect to your use of our Website and any information and materials contained on the Website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, statutory, by usage of trade, course or dealing or otherwise with regard to information accessed from or via our Website, including without limitation, all content and materials, and functions and services provided on our Website, all of which are provided without warranty or condition of any kind, including but not limited to warranties or conditions concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties or conditions of title, non-infringement, merchantability, merchantable quality or fitness for a particular purpose. We do not warrant that our Website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our Website or the servers that make our Website available are free of viruses or other harmful components.

The use of our Website is at your sole risk and you assume full responsibility for any costs or losses associated with your use of our Website. We will not be liable for any damages of any kind related to the use of our Website.

In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or any other theory of law, arising from your use of, or the inability to use, or the performance or functionality of our Website, our products or any content or material or available on or through our Website, the cost of procurement of substitute goods, data, information or services, loss of data, errors, mistakes or inaccuracies in the materials on the Website, or any personal injury or property damage. These limitations shall apply even if we are advised of the possibility of such damages.

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

 

Indemnification

You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, demands, threats, actions, proceedings, expenses (including reasonable attorney fees and court costs) in any way arising from, related to or in connection with your use of our Website including in connection with any products offered through our Website, your violation of the Terms or any applicable law or regulation, or the posting or transmission of any materials on or through the Website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.t.

Entire agreement

These Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

Waiver

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

Headings

Any headings and titles herein are for convenience only.

Severability

If any of the provisions of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

Governing law

Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our Website, or our products or services offered on our Website will be resolved in accordance with the laws of the State of California without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our Website must be brought before the courts of the State of California in the City of San Diego, California and you irrevocably consent to the exclusive jurisdiction and venue of such courts.