Terms & Conditions

General Terms

By accessing and placing an orderwith Heals by Design, you confirm that you are in agreement with and bound bythe terms of service contained in the Terms & Conditions outlined below.These terms apply to the entire website and any email or other type ofcommunication between you and Heals by Design.

Under no circumstances shallHeals by Design team be liable for any direct, indirect, special, incidental orconsequential damages, including, but not limited to, loss of data or profit,arising out of the use, or the inability to use, the materials on this site,even if Heals by Design team or an authorized representative has been advisedof the possibility of such damages. If your use of materials from this siteresults in the need for servicing, repair or correction of equipment or data,you assume any costs thereof.

Heals by Design will not beresponsible for any outcome that may occur during the course of usage of ourresources. We reserve the rights to change prices and revise the resourcesusage policy in any moment. This Privacy Policy was created with Termify.io

License

Heals by Design grants you arevocable, non-exclusive, non-transferable, limited license to download,install and use the website strictly in accordance with the terms of thisAgreement. 

These Terms & Conditions area contract between you and Heals by Design (referred to in these Terms &Conditions as "Heals by Design", "us", "we" or"our"), the provider of the Heals by Design website and the servicesaccessible from the Heals by Design website (which are collectively referred toin these Terms & Conditions as the "Heals by Design Service").

You are agreeing to be bound bythese Terms & Conditions. If you do not agree to these Terms &Conditions, please do not use the Heals by Design Service. In these Terms &Conditions, "you" refers both to you as an individual and to theentity you represent. If you violate any of these Terms & Conditions, wereserve the right to cancel your account or block access to your accountwithout notice.

Definitions and key terms

To help explain things as clearlyas possible in this Terms & Conditions, every time any of these terms are referenced, are strictly defined as:

  • Cookie: small amount of data generated by a website and saved by your web browser. It is     used to identify your browser, provide analytics, remember information     about you such as your language preference or login information.
  • Company: when this terms mention “Company,” “we,” “us,” or “our,” it refers to     Heals by Design, (Calle Amparo Ballester 36 Piso 3 Puerta 6), that is     responsible for your information under this Terms & Conditions.
  • Country: where Heals by Design or the owners/founders of Heals by Design are based,     in this case is Spain
  • Device: any internet connected device such as a phone, tablet, computer or any other     device that can be used to visit Heals by Design and use the services.
  • Service: refers to the service provided by Heals by Design as described in the     relative terms (if available) and on this platform.
  • Third-party service: refers to advertisers, contest sponsors, promotional and     marketing partners, and others who provide our content or whose products     or services we think may interest you.
  • Website: Heals by Design’s site, which can be accessed via this URL: healsbydesign.com
  • You: a person or entity that is registered with Heals by Design to use the Services.

This Terms & Conditions werecreated with Termify.

Restrictions

You agree not to, and you willnot permit others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose     or otherwise commercially exploit the website or make the platform     available to any third party.
  • Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse     engineer any part of the website.
  • Remove, alter or obscure any proprietary notice (including any notice of copyright     or trademark) of Heals by Design or its affiliates, partners, suppliers or     the licensors of the website.

Return and Refund Policy

Thanks for shopping at Heals byDesign. We appreciate the fact that you like to buy the stuff we build. We alsowant to make sure you have a rewarding experience while you’re exploring,evaluating, and purchasing our products.

As with any shopping experience,there are terms and conditions that apply to transactions at Heals by Design.We’ll be as brief as our attorneys will allow. The main thing to remember isthat by placing an order or making a purchase at Heals by Design, you agree tothe terms along with Heals by Design’s Privacy Policy.

If, for any reason, You are notcompletely satisfied with any good or service that we provide, don't hesitateto contact us and we will discuss any of the issues you are going through withour product.

Your Suggestions

Any feedback, comments, ideas,improvements or suggestions (collectively, "Suggestions") provided byyou to Heals by Design with respect to the website shall remain the sole andexclusive property of Heals by Design.

Heals by Design shall be free touse, copy, modify, publish, or redistribute the Suggestions for any purpose andin any way without any credit or any compensation to you.

Your Consent

We've updated our Terms& Conditions to provide you with complete transparency into what isbeing set when you visit our site and how it's being used. By using ourwebsite, registering an account, or making a purchase, you hereby consent toour Terms & Conditions.

Links to Other Websites

This Terms & Conditionsapplies only to the Services. The Services may contain links to other websitesnot operated or controlled by Heals by Design. We are not responsible for thecontent, accuracy or opinions expressed in such websites, and such websites arenot investigated, monitored or checked for accuracy or completeness by us.Please remember that when you use a link to go from the Services to anotherwebsite, our Terms & Conditions are no longer in effect. Your browsing andinteraction on any other website, including those that have a link on ourplatform, is subject to that website’s own rules and policies. Such thirdparties may use their own cookies or other methods to collect information aboutyou.

Cookies

Heals by Design uses"Cookies" to identify the areas of our website that you have visited.A Cookie is a small piece of data stored on your computer or mobile device byyour web browser. We use Cookies to enhance the performance and functionalityof our website but are non-essential to their use. However, without thesecookies, certain functionality like videos may become unavailable or you wouldbe required to enter your login details every time you visit the website as wewould not be able to remember that you had logged in previously. Most webbrowsers can be set to disable the use of Cookies. However, if you disableCookies, you may not be able to access functionality on our website correctlyor at all. We never place Personally Identifiable Information in Cookies.

Changes To Our Terms & Conditions

You acknowledge and agree thatHeals by Design may stop (permanently or temporarily) providing the Service (orany features within the Service) to you or to users generally at Heals byDesign’s sole discretion, without prior notice to you. You may stop using theService at any time. You do not need to specifically inform Heals by Designwhen you stop using the Service. You acknowledge and agree that if Heals byDesign disables access to your account, you may be prevented from accessing theService, your account details or any files or other materials which iscontained in your account.

If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update theTerms & Conditions modification date below.

Modifications to Our Website

Heals by Design reserves the right to modify, suspend or discontinue, temporarily or permanently, thewebsite or any service to which it connects, with or without notice and without liability to you.

Updates to Our website

Heals by Design may from time totime provide enhancements or improvements to the features/ functionality of thewebsite, which may include patches, bug fixes, updates, upgrades and othermodifications ("Updates").

Updates may modify or deletecertain features and/or functionalities of the website. You agree that Heals byDesign has no obligation to (i) provide any Updates, or (ii) continue toprovide or enable any particular features and/or functionalities of the websiteto you.

You further agree that allUpdates will be (i) deemed to constitute an integral part of the website, and(ii) subject to the terms and conditions of this Agreement.

Third-Party Services

We may display, include or makeavailable third-party content (including data, information, applications andother products services) or provide links to third-party websites or services("Third- Party Services").

You acknowledge and agree thatHeals by Design shall not be responsible for any Third-Party Services,including their accuracy, completeness, timeliness, validity, copyrightcompliance, legality, decency, quality or any other aspect thereof. Heals byDesign does not assume and shall not have any liability or responsibility toyou or any other person or entity for any Third-Party Services.

Third-Party Services and linksthereto are provided solely as a convenience to you and you access and use thementirely at your own risk and subject to such third parties' terms andconditions.

Term and Termination

This Agreement shall remain ineffect until terminated by you or Heals by Design.

Heals by Design may, in its solediscretion, at any time and for any or no reason, suspend or terminate thisAgreement with or without prior notice.

This Agreement will terminateimmediately, without prior notice from Heals by Design, in the event that youfail to comply with any provision of this Agreement. You may also terminatethis Agreement by deleting the website and all copies thereof from yourcomputer.

Upon termination of thisAgreement, you shall cease all use of the website and delete all copies of thewebsite from your computer.

Termination of this Agreementwill not limit any of Heals by Design's rights or remedies at law or in equityin case of breach by you (during the term of this Agreement) of any of yourobligations under the present Agreement.

Copyright Infringement Notice

If you are a copyright owner orsuch owner’s agent and believe any material on our website constitutes aninfringement on your copyright, please contact us setting forth the followinginformation: (a) a physical or electronic signature of the copyright owner or aperson authorized to act on his behalf; (b) identification of the material thatis claimed to be infringing; (c) your contact information, including youraddress, telephone number, and an email; (d) a statement by you that you have agood faith belief that use of the material is not authorized by the copyrightowners; and (e) the a statement that the information in the notification isaccurate, and, under penalty of perjury you are authorized to act on behalf ofthe owner.

Indemnification

You agree to indemnify and holdHeals by Design and its parents, subsidiaries, affiliates, officers, employees,agents, partners and licensors (if any) harmless from any claim or demand,including reasonable attorneys' fees, due to or arising out of your: (a) use ofthe website; (b) violation of this Agreement or any law or regulation; or (c)violation of any right of a third party.

No Warranties

The website is provided to you"AS IS" and "AS AVAILABLE" and with all faults and defectswithout warranty of any kind. To the maximum extent permitted under applicablelaw, Heals by Design, on its own behalf and on behalf of its affiliates and itsand their respective licensors and service providers, expressly disclaims allwarranties, whether express, implied, statutory or otherwise, with respect tothe website, including all implied warranties of merchantability, fitness for aparticular purpose, title and non-infringement, and warranties that may ariseout of course of dealing, course of performance, usage or trade practice.Without limitation to the foregoing, Heals by Design provides no warranty orundertaking, and makes no representation of any kind that the website will meetyour requirements, achieve any intended results, be compatible or work with anyother software, websites, systems or services, operate without interruption,meet any performance or reliability standards or be error free or that anyerrors or defects can or will be corrected.

Without limiting the foregoing,neither Heals by Design nor any Heals by Design's provider makes anyrepresentation or warranty of any kind, express or implied: (i) as to theoperation or availability of the website, or the information, content, and materialsor products included thereon; (ii) that the website will be uninterrupted orerror-free; (iii) as to the accuracy, reliability, or currency of anyinformation or content provided through the website; or (iv) that the website,its servers, the content, or e-mails sent from or on behalf of Heals by Designare free of viruses, scripts, trojan horses, worms, malware, timebombs or otherharmful components.

Some jurisdictions do not allowthe exclusion of or limitations on implied warranties or the limitations on theapplicable statutory rights of a consumer, so some or all of the aboveexclusions and limitations may not apply to you.

Limitation of Liability

Notwithstanding any damages thatyou might incur, the entire liability of Heals by Design and any of itssuppliers under any provision of this Agreement and your exclusive remedy forall of the foregoing shall be limited to the amount actually paid by you forthe website.

To the maximum extent permittedby applicable law, in no event shall Heals by Design or its suppliers be liablefor any special, incidental, indirect, or consequential damages whatsoever(including, but not limited to, damages for loss of profits, for loss of dataor other information, for business interruption, for personal injury, for lossof privacy arising out of or in any way related to the use of or inability touse the website, third-party software and/or third-party hardware used with thewebsite, or otherwise in connection with any provision of this Agreement), evenif Heals by Design or any supplier has been advised of the possibility of suchdamages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do notallow the exclusion or limitation of incidental or consequential damages, sothe above limitation or exclusion may not apply to you.

Severability

If any provision of thisAgreement is held to be unenforceable or invalid, such provision will bechanged and interpreted to accomplish the objectives of such provision to thegreatest extent possible under applicable law and the remaining provisions willcontinue in full force and effect.

This Agreement, together with thePrivacy Policy and any other legal notices published by Heals by Design on theServices, shall constitute the entire agreement between you and Heals by Designconcerning the Services. If any provision of this Agreement is deemed invalidby a court of competent jurisdiction, the invalidity of such provision shallnot affect the validity of the remaining provisions of this Agreement, whichshall remain in full force and effect. No waiver of any term of this Agreementshall be deemed a further or continuing waiver of such term or any other term,and Heals by Design’s failure to assert any right or provision under thisAgreement shall not constitute a waiver of such right or provision. YOU ANDHeals by Design AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Waiver

Except as provided herein, thefailure to exercise a right or to require performance of an obligation underthis Agreement shall not effect a party's ability to exercise such right orrequire such performance at any time thereafter nor shall be the waiver of abreach constitute waiver of any subsequent breach.

No failure to exercise, and nodelay in exercising, on the part of either party, any right or any power underthis Agreement shall operate as a waiver of that right or power. Nor shall anysingle or partial exercise of any right or power under this Agreement precludefurther exercise of that or any other right granted herein. In the event of aconflict between this Agreement and any applicable purchase or other terms, theterms of this Agreement shall govern.

Amendments to this Agreement

Heals by Design reserves theright, at its sole discretion, to modify or replace this Agreement at any time.If a revision is material we will provide at least 30 days' notice prior to anynew terms taking effect. What constitutes a material change will be determinedat our sole discretion.

By continuing to access or useour website after any revisions become effective, you agree to be bound by therevised terms. If you do not agree to the new terms, you are no longerauthorized to use Heals by Design.

Entire Agreement

The Agreement constitutes theentire agreement between you and Heals by Design regarding your use of thewebsite and supersedes all prior and contemporaneous written or oral agreementsbetween you and Heals by Design.

You may be subject to additionalterms and conditions that apply when you use or purchase other Heals byDesign's services, which Heals by Design will provide to you at the time ofsuch use or purchase.

Updates to Our Terms

We may change our Service andpolicies, and we may need to make changes to these Terms so that theyaccurately reflect our Service and policies. Unless otherwise required by law,we will notify you (for example, through our Service) before we make changes tothese Terms and give you an opportunity to review them before they go intoeffect. Then, if you continue to use the Service, you will be bound by theupdated Terms. If you do not want to agree to these or any updated Terms, youcan delete your account.

 

Intellectual Property

The website and its entirecontents, features and functionality (including but not limited to allinformation, software, text, displays, images, video and audio, and the design,selection and arrangement thereof), are owned by Heals by Design, its licensorsor other providers of such material and are protected by Spain andinternational copyright, trademark, patent, trade secret and other intellectualproperty or proprietary rights laws. The material may not be copied, modified,reproduced, downloaded or distributed in any way, in whole or in part, withoutthe express prior written permission of Heals by Design, unless and except asis expressly provided in these Terms & Conditions. Any unauthorized use ofthe material is prohibited.

 

Agreement to Arbitrate

This section applies to anydispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVEOR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR Heals byDesign’s INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute,action, or other controversy between you and Heals by Design concerning theServices or this agreement, whether in contract, warranty, tort, statute,regulation, ordinance, or any other legal or equitable basis. “Dispute” will begiven the broadest possible meaning allowable under law.

Notice of Dispute

In the event of a dispute, you orHeals by Design must give the other a Notice of Dispute, which is a writtenstatement that sets forth the name, address, and contact information of theparty giving it, the facts giving rise to the dispute, and the reliefrequested. You must send any Notice of Dispute via emailto: j@healsbydesign.com. Heals by Design will send any Notice of Disputeto you by mail to your address if we have it, or otherwise to your emailaddress. You and Heals by Design will attempt to resolve any dispute throughinformal negotiation within sixty (60) days from the date the Notice of Disputeis sent. After sixty (60) days, you or Heals by Design may commencearbitration.

Binding Arbitration

If you and Heals by Design don’tresolve any dispute by informal negotiation, any other effort to resolve thedispute will be conducted exclusively by binding arbitration as described inthis section. You are giving up the right to litigate (or participate in as aparty or class member) all disputes in court before a judge or jury. Thedispute shall be settled by binding arbitration in accordance with thecommercial arbitration rules of the American Arbitration Association. Eitherparty may seek any interim or preliminary injunctive relief from any court ofcompetent jurisdiction, as necessary to protect the party’s rights or propertypending the completion of arbitration. Any and all legal, accounting, and othercosts, fees, and expenses incurred by the prevailing party shall be borne bythe non-prevailing party.

Submissions and Privacy

In the event that you submit orpost any ideas, creative suggestions, designs, photographs, information,advertisements, data or proposals, including ideas for new or improvedproducts, services, features, technologies or promotions, you expressly agree thatsuch submissions will automatically be treated as non-confidential andnon-proprietary and will become the sole property of Heals by Design withoutany compensation or credit to you whatsoever. Heals by Design and itsaffiliates shall have no obligations with respect to such submissions or postsand may use the ideas contained in such submissions or posts for any purposesin any medium in perpetuity, including, but not limited to, developing,manufacturing, and marketing products and services using such ideas.

Promotions

Heals by Design may, from time totime, include contests, promotions, sweepstakes, or other activities(“Promotions”) that require you to submit material or information concerningyourself. Please note that all Promotions may be governed by separate rulesthat may contain certain eligibility requirements, such as restrictions as toage and geographic location. You are responsible to read all Promotions rulesto determine whether or not you are eligible to participate. If you enter anyPromotion, you agree to abide by and to comply with all Promotions Rules.

Additional terms and conditionsmay apply to purchases of goods or services on or through the Services, whichterms and conditions are made a part of this Agreement by this reference.

Typographical Errors

In the event a product and/orservice is listed at an incorrect price or with incorrect information due totypographical error, we shall have the right to refuse or cancel any ordersplaced for the product and/or service listed at the incorrect price. We shallhave the right to refuse or cancel any such order whether or not the order hasbeen confirmed and your credit card charged. If your credit card has alreadybeen charged for the purchase and your order is canceled, we shall immediatelyissue a credit to your credit card account or other payment account in theamount of the charge.

Miscellaneous

If for any reason a court ofcompetent jurisdiction finds any provision or portion of these Terms &Conditions to be unenforceable, the remainder of these Terms & Conditionswill continue in full force and effect. Any waiver of any provision of theseTerms & Conditions will be effective only if in writing and signed by anauthorized representative of Heals by Design. Heals by Design will be entitledto injunctive or other equitable relief (without the obligations of posting anybond or surety) in the event of any breach or anticipatory breach by you. Healsby Design operates and controls the Heals by Design Service from its offices inSpain. The Service is not intended for distribution to or use by any person orentity in any jurisdiction or country where such distribution or use would becontrary to law or regulation. Accordingly, those persons who choose to accessthe Heals by Design Service from other locations do so on their own initiativeand are solely responsible for compliance with local laws, if and to the extentlocal laws are applicable. These Terms & Conditions (which include andincorporate the Heals by Design Privacy Policy) contains the entireunderstanding, and supersedes all prior understandings, between you and Healsby Design concerning its subject matter, and cannot be changed or modified byyou. The section headings used in this Agreement are for convenience only andwill not be given any legal import.

Disclaimer

Heals by Design is notresponsible for any content, code or any other imprecision.

Heals by Design does not providewarranties or guarantees.

In no event shall Heals by Designbe liable for any special, direct, indirect, consequential, or incidentaldamages or any damages whatsoever, whether in an action of contract, negligenceor other tort, arising out of or in connection with the use of the Service orthe contents of the Service. The Company reserves the right to make additions,deletions, or modifications to the contents on the Service at any time withoutprior notice.

The Heals by Design Service andits contents are provided "as is" and "as available"without any warranty or representations of any kind, whether express orimplied. Heals by Design is a distributor and not a publisher of the content suppliedby third parties; as such, Heals by Design exercises no editorial control oversuch content and makes no warranty or representation as to the accuracy,reliability or currency of any information, content, service or merchandiseprovided through or accessible via the Heals by Design Service. Withoutlimiting the foregoing, Heals by Design specifically disclaims all warrantiesand representations in any content transmitted on or in connection with theHeals by Design Service or on sites that may appear as links on the Heals byDesign Service, or in the products provided as a part of, or otherwise inconnection with, the Heals by Design Service, including without limitation anywarranties of merchantability, fitness for a particular purpose ornon-infringement of third party rights. No oral advice or written informationgiven by Heals by Design or any of its affiliates, employees, officers,directors, agents, or the like will create a warranty. Price and availabilityinformation is subject to change without notice. Without limiting theforegoing, Heals by Design does not warrant that the Heals by Design Servicewill be uninterrupted, uncorrupted, timely, or error-free.

Contact Us

Don't hesitate to contact us if you have any questions.

  • Email: j@healsbydesign.com
  • Phone Number: 600335807