ELOWELLE TERMS AND CONDITIONS
1. General Conditions. These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through https://www.elowelle.com/ (the “Site”). These Terms are subject to change by Elowelle, L.L.C. (referred to as “Elowelle” or “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH ELOWELLE, L.L.C., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept or cancel any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Elowelle and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by contacting us at hello@elowelle.com.
3. Prices and Payment Terms.
(a) All prices posted on this Site are subject to change without notice. The price charged for a product or service are in USD and will be the price in effect at the time the order is placed. Price increases will only apply to orders placed after such changes. Prices do not include taxes or charges for shipping and handling. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept [LIST OF APPROVED CREDIT CARDS/OTHER PAYMENT METHOD] for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
4. Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Returns and Refunds. Except for any products designated on the Site as final sale or non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment with valid proof of purchase and provided such products are returned in their original condition. To return products, you must email us at hello@elowelle.com to obtain a Return Merchandise Authorization (“RMA”) number. No returns of any type will be accepted without an RMA number.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment.
Refunds are processed within approximately ten business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
6. LIMITED WARRANTY.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM MATERIAL DEFECTS.
WE ALSO WARRANT THAT DURING THE WARRANTY PERIOD THE SERVICES PURCHASED FROM THE SITE WILL BE PERFORMED IN A WORKMANLIKE MANNER.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR, RE-PERFORMANCE OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
EXCEPT AS PROVIDED IN THIS SECTION 6 (LIMITED WARRANTY), ALL PRODUCTS AND SERVICES OFFERED ON OR THROUGH THIS SITE ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO ADDITIONAL WARRANTIES WHATSOEVER WITH RESPECT TO AND DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, FOR THE PRODUCTS OR SERVICES OFFERED ON OR THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT, MISAPPROPRIATION, OR OTHER VIOLATION OF RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
(a) Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
(b) What Does This Warranty Cover?
This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services purchased from the Site.
(c) What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:
(i) transportation;
(ii) storage;
(iii) improper use;
(iv) failure to follow the product instructions or to perform any preventive maintenance;
(v) modifications;
(vi) combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by Elowelle;
(vii) unauthorized repair;
(viii) normal wear and tear; or
(ix) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
Additionally, you understand that Elowelle white‑labels water‑test kits that are sold directly to consumers who own private wells or companies that provide testing services for private wells and that test results generated by the kits are provided for informational purposes only, do not constitute a professional waterquality analysis, and do not replace any regulatory testing requirements. You are advised to consult qualified waterquality professionals and/or relevant governmental agencies for definitive testing and compliance.
Each kit includes the test reagents, collection vials, and any required accessories such as a sampling funnel and instruction booklet. The kits are marketed under the Elowelle brand but are manufactured by third‑party suppliers, and the testing services are provided by third-party suppliers. This limited warranty does not cover, and Elowelle makes no representation or warranty that the kits or testing services will produce accurate results.
Furthermore, this limited warranty does not cover, and Elowelle disclaims any warranty, express or implied, regarding, the accuracy, reliability, or completeness of the test results. You assume all responsibility for interpreting the results and for taking any remedial action deemed necessary. This limited warranty does not include, and Elowelle shall not be liable for, any damages, direct or indirect, arising from the use of the test results.
(d) What Is the Period of Coverage?
This limited warranty starts on the date of your purchase and lasts for six months the “Warranty Period”. The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
(e) What Are Your Remedies Under This Warranty?
With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. With respect to any defective services during the Warranty Period, we will, in our sole discretion, either: (i) repair or re-perform the defective services free of charge or (ii) refund the purchase price of such services.
(f) How Do You Obtain Warranty Service?
To obtain warranty service, you must email us at hello@elowelle.com during the Warranty Period to obtain an RMA number. No warranty service will be provided without an RMA number.
(g) Indemnification; Limitation of Liability
(i) THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF (X) WHETHER SUCH DAMAGES WERE FORESEEABLE, (Y) WHETHER OR NOT EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (Z) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
(ii) You agree to indemnify, defend, and hold harmless Elowelle, its officers, directors, employees, and agents from any and all claims, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of: your misuse or improper handling of the kits; the provision of inaccurate or incomplete well information by the customer; or any violation of applicable federal, state, or local laws by you.
(h) What Can You Do in Case of a Dispute with Us?
The informal dispute resolution procedure detailed in Section 12 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
7. Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).
8. Intellectual Property Use and Ownership. You acknowledge and agree that as between you and Elowelle, Elowelle retains all rights, title, and interest in and to all intellectual property associated with the products and services made available on this Site, including, without limitation, all designs, instructions, documentation, trademarks, patents, and copyrights (“IP”). Your purchase or use of a product or service through this Site does not transfer ownership of Elowelle’s IP. You may use the product or service only for its intended purpose, and you may not copy, reproduce, distribute, reverse engineer, or create derivative works based on Elowelle’s IP without express written permission. Ownership of the physical product does not include ownership of the underlying IP.
9. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, https://www.elowelle.com/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
10. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemics, or explosions; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other events beyond our control.
11. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Wisconsin.
12. Dispute Resolution and Binding Arbitration.
(a) YOU AND ELOWELLE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the AAA Rules”) then in effect, except as modified by this Section 12 . (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party will bear its own fees (including attorney’s fees), unless the arbitrator awards otherwise.
(c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR ELOWELLE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
(d) If you do not wish to be bound by this arbitration provision, you may opt out by sending written notice to Elowelle at the address set forth in the Notices section within thirty (30) days after your purchase. Your notice must include your name, address, and a clear statement of your intent to opt out, and will be effective upon receipt.
This Section 12 (Dispute Resolution and Binding Arbitration) shall survive termination of these Terms. If any provision of this Section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
13. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
14. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Elowelle.
15. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
16. Notices.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to Elowelle, L.L.C., 7621 Colonial Way, Verona, Wisconsin, 53593. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
17. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
18. Entire Agreement. These Terms and any policies, terms, or agreements posted by us on the site or in respect to the Site constitutes the entire agreement and understanding between you and Elowelle and governs your use of the products and services, superseding any prior or contemporaneous agreements, communications, purchase orders, communiations and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).