About My Order
Helpful information about your order.
Thank you for ordering from Balanced Body®. We appreciate your business!
If you placed an order from our web site, you will receive an email confirmation that includes an Order Number. If you placed your order by phone, this information was given to you at that time.
“Hooray! It’s wonderful to deal with such an efficient and friendly vendor. I’ve also ordered through [a competitor] and you guys are 100% better.”
Terms and Conditions of Sale
By placing an order with Balanced Body®, you (sometimes referred to here as “Buyer”) agree to be bound by these Terms and Conditions of Sale. These Terms and Conditions of Sale supersede all prior or contemporaneous oral or written communications, proposals or representations and prevail over any conflicting or additional terms of any quote, purchase order or other communication between Balanced Body® and Buyer.
All prices, including all costs related to shipping, are quoted in United States dollars and are valid for thirty (30) days from the date on which the quote is made by Balanced Body®.
Orders with Custom Upholstery
Before placing an order with a custom upholstery color, you are responsible for requesting a color sample from Balanced Body to be sure it is what you expect. You should not rely on any color sample you see online, as colors vary widely according to the monitor on which they are viewed. Please also note that colors may vary between dye lots, so if you order custom upholstery at different times, you may receive different shades. The availability of colors is subject to change without notice.
Canceling or Changing Your Order
Changing Your Order: You may change your order for equipment within twenty-four (24) hours of placing it without incurring additional charges. If you change your order after twenty-four (24) hours but before we deliver it to the shipper, we must cancel the original order and submit a new one, and you will incur a 25% restocking fee. Changing your order may result in delays in its shipping date.
Canceling Your Order: If you cancel your equipment order within twenty-four (24) hours of placing it, Balanced Body will return your initial deposit in full. If you cancel an order after twenty-four (24) hours but before we deliver it to the shipper, your initial deposit will be returned to you minus a 25% restocking fee.
Equipment: “Equipment” means reformers, trapeze and mat tables, reformer/trapeze combinations, reformers with towers, CoreAligns, chairs, ladder barrels, springboards and any product ordered in a custom upholstery color or custom configuration.
Non-Equipment Products: Non-equipment products are all products other than Equipment as defined above. Orders for non-equipment products are final and may not be canceled except as expressly stated on your invoice or on Balanced Body's web site at the time of your order. However, you may return non-equipment items that are not listed as Non-Returnable Products. See Returns & Warranty for details.
Limitations on Liability
In no event shall Balanced Body, its principles, employees, agents, contractors, licensees, distributors or resellers (“related persons”) be liable to buyer or any third party for any damages of any kind or nature arising out of or related to, in whole or in part, the use, misuse or nonuse of any Balanced Body product, including without limitation direct damages, indirect damages, consequential damages such as lost profits and other economic losses, costs of procurement of substitute or replacement goods or services, damages arising out of or related to personal injury or death, or special, punitive, incidental, remote or speculative damages suffered by buyer or any third party, even if Balanced Body was advised or aware of the possibility that any such damages might occur.
In the event that a complete exclusion on liability as aforesaid is disallowed under applicable law or by any court of competent jurisdiction, then Balanced Body’s liability shall be limited to direct damages which, regardless of the legal basis for the claim, shall not exceed the lesser of one hundred ($100) dollars or the amount paid by buyer for the product in connection with which such damages were incurred. The foregoing limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy.
Buyer hereby indemnifies and holds harmless Balanced Body and its related persons from and against any and all third party suits, claims or demands, and any and all resulting losses, costs, damages and expenses (including reasonable attorneys' fees, court costs and legal expenses), which suits, claims or demands arise out of or are related to: (i) any breach by buyer of its warranties, representations or obligations set forth in these terms and conditions of sale; and (ii) any third party's use or misuse of any Balanced Body prooduct under buyer’s ownership, possession or control.
Except for the obligations to make payments, neither party shall be bound to meet any obligation if prevented from doing so as a consequence of Force Majeure. “Force Majeure” shall mean any act, event or circumstance that is not reasonably within the control of, does not result from the negligence of, and would not have been avoided or overcome by the exercise of reasonable diligence under the circumstances by the party claiming Force Majeure, and that prevents or delays in whole or in part such party’s performance, including without limitation, acts of nature, fire, acts of terrorism, strikes or civil commotion, acts by any governmental authority, and the unavailability, breakdown or destruction of supplies, facilities or equipment.
Except as otherwise noted above, all notifications and communications between the parties relating to this Agreement or the subject matter hereof shall be in writing and and may be sent pre-paid via a recognized air express delivery company, by certified U.S. mail, by facsimile or by e-mail; provided, however, that notice by facsimile or e-mail shall be effective only if the sender receives confirmation of correct transmission or a response from the recipient indicating that such notice was received.
Notice sent via a recognized air delivery express company or U.S. mail shall be deemed effective two days after sending. Notices to Balanced Body shall be sent to Balanced Body’s then-current address. Notices to Buyer shall be sent to Buyer’s address as stated on the most recent invoice with Balanced Body or to any subsequent address as may be designated by Buyer in writing.
These Terms and Conditions of Sale shall not be modified or amended, except in writing and signed by Buyer and Balanced Body.
No Assignment by Buyer
These Terms and Conditions of Sale may not be assigned, sublicensed, leased, sold or otherwise transferred by Buyer without prior written consent from Balanced Body, and any transfer made without such prior written consent shall be null and void. These Terms and Conditions of Sale and any rights granted herein by Balanced Body are personal to Buyer.
If any provision of these Terms and Conditions of Sale shall be held void, voidable, invalid or inoperative, no other provision hereof shall be affected as a result, and accordingly, the remaining provisions shall remain in full force and effect as though such void, voidable, invalid or inoperative provision had not been contained herein, provided, however, that if such void, voidable, invalid or inoperative provision is a material term or condition, the parties shall be compelled to supply a substitute provision, negotiated in good faith, which comes closest to their original intention.
No provision of these Terms and Conditions of Sale shall be deemed to have been waived by any act or acquiescence on the part of either party, it being understood that waiver may only occur by an instrument in writing signed by an authorized officer of the party against whom such waiver is sought to be enforced. In the event of a waiver, whether in writing or by operation of law, such waiver shall not constitute a waiver of any other provision or of the same provision on another occasion.
All rights and remedies of the parties, whether at law or in equity, shall be cumulative and none of them shall be in limitation of any other right or remedy.
Rights of Third Parties
Nothing in these Terms and Conditions of Sale shall be construed so as to give any right or remedy to any third party whatsoever.
The sale of products by Balanced Body and these terms and conditions of sale, together with all invoices, correspondence and other documents exchanged between Balanced Body and buyer, shall be governed by and construed in accordance with the laws of the state of California, USA, without regard to principles of conflicts or law or to the United Nations Convention on Contracts for the International Sale of Goods (CISG), which is hereby specifically disclaimed by the parties with respect to all of the foregoing.
Any action, suit or proceeding arising out of or related to these Terms and Conditions of Sale, the documents described here and the related subject matter of the foregoing shall be brought only in a federal or state court of competent jurisdiction located in the county in which Balanced Body has its principal place of business at the time of filing of such action, suit or proceeding, and both Balanced Body and Buyer hereby unconditionally and irrevocably consent and submit to such exclusive jurisdiction and waive any objection that either of them may now or hereafter have with respect thereto.
The paragraph headings in these Terms and Conditions of Sale are solely for the convenience of the parties and have no legal or contractual significance.
Toll-free Phone: Monday-Friday, 6:00am to 5:00pm PT
From U.S. and Canada:1-800-745-2837
From United Kingdom: 0800 014 8207
From other locations: 916-388-2838