TERMS AND CONDITIONS

PRODUCTS ORDERED THROUGH OUR ONLINE STORE (“TERMS OF SALE”): These Terms of Sale are applicable to your purchase of any Products through EStudios / Eckercise’s online store. Other than as specifically provided in any separate written agreement between you and EStudios / Eckercise, these Terms of Sale may not be altered, supplemented, or amended by the use of any document, such as purchase orders, and all sales are expressly conditioned upon your agreement to these Terms of Sale. In the event of any conflict between these Terms of Sale and the other provisions of the Terms of Use, these Terms of Sale will control. EStudios / Eckercise facilitates your purchase of Products through its relationship with outside vendors.  If you such purchase other Products through our online store, you acknowledge that the creation of other physical medium Products is performed by such vendors and EStudios / Eckercise’s role is to assist, facilitate and support such order process pursuant to these Terms of Sale.

• PRICING; PAYMENT TERMS: In order to purchase Products through EStudios / Eckercise’s online store, you are required to provide valid Payment Information. EStudios / Eckercise may terminate your order for Products if we are unable to process your Payment Information and you do not provide an alternative form of payment upon our request.  You agree to reimburse EStudios / Eckercise for any and all costs incurred in collecting amounts owed by you to EStudios / Eckercise or one of our outside vendors, including, without limitation, attorneys’ fees and costs of collection agencies.  You are responsible for any taxes that you are obligated to pay or that EStudios / Eckercise may collect from you in connection with your purchase of Products.  If you do not pay the sales or other taxes or fees on a transaction, you will be responsible for the taxes or fees in the event they are later determined to be payable on the sale, and EStudios / Eckercise reserves the right to collect the taxes or other related fees from you at any time.  In certain jurisdictions, EStudios / Eckercise may be required to collect and remit sales tax in connection with your purchase of Products.  Any such taxes will be added to the purchase price and reflected on your invoice or receipt.
• DIGITAL DOWNLOADS; SHIPPING TERMS AND POLICIES: If you purchase Digital Downloads or it was included in your contract, such download will be made available to you upon EStudios / Eckercise’s receipt of your valid Payment Information. If you purchase other physical medium Products, EStudios / Eckercise will use its commercially reasonable efforts (and our outside vendors will use commercially reasonable efforts) to ship all orders for such Products within the estimated delivery time applicable to various methods of shipping available at the time you place your order. Most Products have a TEN BUSINESS DAY LEAD TIME before they will be ready to ship to you or be ready to be picked up. EStudios / Eckercise is not responsible for any delays in shipping.  EStudios / Eckercise or our outside vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion.  All shipping charges are your responsibility. Shipping charges will be included in your shopping cart and can be viewed on a summary screen prior to finalizing your order.  The shipping charge shown during the checkout process is subject to verification and to correction or change without notice. If the actual shipping charge is more than the amount shown in your shopping cart, EStudios / Eckercise will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order. EStudios / Eckercise is not responsible for items lost by the United States Postal Service/UPS/Fed Ex or invalid addresses on order forms.
• RETURN POLICY:  Products cannot be returned. No refunds are given at any time. Refunds are also not available for Products that are not in a physical medium form (i.e., a digital download).  Please do not contact your credit card company to dispute a charge before contacting us.
• PRODUCT AVAILABILITY AND PRICING: EStudios / Eckercise or our outside Vendors may revise or discontinue Product options at any time without prior notice, and Products may be come unavailable even after an order is placed.  All prices are subject to change without notice.
• PRODUCT DESCRIPTIONS; PRICING; ERRORS: EStudios / Eckercise strives to maintain accurate information in the online store and to eliminate any errors.  However, we do not warrant that Product descriptions, Photos, and/or other Product pricing or other Studio Materials are accurate, complete, reliable, current, or error-free.  In addition, all weights and size dimensions are approximate.  While we make reasonable efforts to accurately display all details of our Product offerings, including the applicable color and/or brightness, please note that the actual color and/or brightness you will see for a Photo depends on the settings of your computer screen and we cannot guarantee that your computer will accurately display all Photo colors.  EStudios / Eckercise or our outside vendors reserves the right to format, manipulate or otherwise modify Photos as may be required to satisfy a particular order. In the event of an error, whether contained in the Services, in an order confirmation, in processing and order or otherwise, EStudios / Eckercise reserves the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.
• DISCLAIMER OF WARRANTIES: BY PLACING THE ORDER, THE PURCHASER FOREGOES THE RIGHT TO RETURN ANY ORDER REGARDLESS OF REASON OR CAUSE, AND ESTUDIOS / ECKERCISE’S SOLE AND EXCLUSIVE LIABILITY, WITH RESPECT TO THE PURCHASE OF ANY PRODUCTS USING THE SERVICES, AND ESTUDIOS / ECKERCISE EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PURCHASE OF ANY PRODUCTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

ENTIRE AGREEMENT: This document contains the entire agreement and full understanding between EStudios / Eckercise and Purchaser. It supersedes all prior and contemporaneous agreement between the parties. Any modifications to the agreement shall be made in writing and signed by all parties.