Terms & Conditions

 

Last updated: March 1st, 2022. 

 

This is Lively Brooklyn  (“we”, “us”, “our” or “Lively”) website ("Site"). Following terms (the “Terms”) govern your use of our Site, products, and services. By using Lively website you agree to follow and be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site, order, receive, use our products or services.  

We reserve the right to change or modify these Terms at any time and without a notice.  Changes or modifications will be posted as a modified agreement on the Site with an updated date. By using Lively website you agree to follow and be bound by the Terms as changed.

This site is intended for mature audience. By using this site you represent and warrant that you are 18 years old or older or using this site under supervision of a parent or guardian. You warrant and represent that you have all necessary rights, power, and authority to agree to these Terms. 

By using the Site or our Products or services, you acknowledge that you have read and agree to the PRIVACY POLICY. 

 

NUTRITION AND ALLERGY DISCLAIMER

Always consult your doctor before making any changes to your diet, including starting a Lively cleanse program or meal program as well as using Lively Products.

Consult your doctor with any specific health questions or problems you may have.

Any statements made on this Site and our programs and Products have not been evaluated by the Food and Drug Administration.

Any information on this Site or information that you receive from us, our employees or representatives by phone, email or other communication, should be verified with your doctor. The content of this Site and any Product are not meant to diagnose, treat, improve, prevent or cure any health condition or symptom. By using Lively Products, you acknowledge that you are doing so at your own risk. 

In a case of emergency call 911. 

Our products and programs are not intended for people with severe allergies. Our kitchen facilities process peanuts, tree nuts, coconuts.

 

PRICING AND PAYMENTS

All the prices are shown in U.S dollars. Applicable taxes and other charges, if any, are additional. Payment is due upon purchasing our Product or Program.  By providing a credit card information or other payment method, you authorize us to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (the “Order”).You agree to provide current, complete and accurate purchase for all purchases made on our Site. If the payment method cannot be verified or invalid or not acceptable, your Order may be suspended or cancelled. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). 

We reserve the right to change or adjust the prices at any time and without a notice. 

 

AVAILABILITY 

All of the Products are subject to availability. We reserve the right to reject all or a part of an Order. 

We reserve the right to limit the sales of our Products to any person, geographic region or jurisdiction. 

We reserve the right to substitute Products (or a part of a product) without a notice due to availability and perishable nature of curtain ingredients. You agree that it is your responsibility to let us know about your allergies (if any) before we prepare your order!

We are requiring at least three days in advance to prepare the Orders. 

We reserve the right at any time to change or discontinue our Products without a notice. 

We reserve the right to change or modify descriptions of our Products at any time without a notice. 

We reserve the right to change, modify our Site, update the information or correct errors, at any time and without a notice (including after you have submitted your Order). We shall not be liable to you or to any third party for any modification, price change or discontinuance of any Products. Any offer for any Product or service made on this Site is void where prohibited. 

 

CANCELLATION OF YOUR ORDER 

Orders can be cancelled for a 100% refund at the same day, orders cancelled next day or further are the subject of 50% refund (due to starting the process of preparation of the orders). 

Orders can’t be canceled at the day prior the delivery or at the day of the delivery. 

To cancel your order email us at info@livelybrooklyn.com 

 

HANDLING AND DELIVERY

You agree to pay any shipping, handling, and delivery cost shown at the time you make a purchase. We reserve the right to change this amounts due to weather conditions, traffic conditions or any other reasons, we will provide notice of the charges. Delivery dates may vary.

Lively is not responsible for failed deliveries due to incorrect or incomplete addresses.

All Lively meals and drinks should be kept refrigerated until consumed and freshness cannot be guaranteed after 3d day from receipt (for meals), drinks have expectation day on the back of the bottles. By purchasing Lively Products, cleanse or meal programs, you agree to properly and promptly refrigerate all items until you consume them. Lively is not responsible for any food or drinks that has not been refrigerated after purchase or delivery.

If no one comes to receive the delivery, we will leave the delivery according to your delivery instructions (if any). Lively is not responsible for replacing orders once delivered. Also we are no longer responsible for any damage to the delivery or for the security of the items once delivered. Lively is not responsible for damage or loss of personal property during deliveries if evidence of misconduct by Lively or its delivery personnel cannot be provided.

 

Current Delivery Area

We currently deliver to Brooklyn New York and lower Manhattan area. Please give us a call to request other locations delivery possibilities. 

Lively does not ship internationally. In the case of international deliveries via third-party services, We are not responsible or be held liable for delivery or use of the products once Lively has delivered to the specified U.S. destination.

 

RETURNS, REPLACEMENTS, REFUNDS

We do not accept returns or replacements. All sales are final.

 

EXPECTATIONS 

Lively is not warrant that quality of any Products or services offered will meet your expectations. The images (or pictures) and colors displayed on our website do not necessarily represent actual cleanse or meal programs, food, drinks offered. Meals and meal programs are subject to change without notice. 

 

SITE CONTENT

The Site as a whole is protected by copyright and trade dress, all worldwide right, title and software are owned by Lively and protected by United States and international copyright laws. The Content that appears on this Site or a part of this Site (materials, designs, text, graphics, logos, icons, images, pictures, photographs, illustrations, videos, written, code etc.) is protected by copyrights, trademarks, trade dress and/or other intellectual property rights owned and controlled by Lively(Unless otherwise noted). Lively may prosecute infringement to the fullest extent permitted under applicable law. All rights reserved. 

Lively retain full and complete title to and reserve all rights in the Content of the Site, including all associated intellectual property rights. 

The Contents and the Site as a whole, are intended for personal (noncommercial) use only. An access to and use of the Site does not give any license or right to use any Content of the Site for other than personal use. Copying or downloading the Site or its Content for other than personal use is prohibited. Frame or utilize framing techniques to enclose any content, trademark, logo, or copyrighted material, use any meta tags, any other hidden text utilizing names or trademarks are prohibited. To publish, display, exhibit, modify, sell or participate in any sale of, or use in any way any of the Contents, the Site, or any related software are prohibited. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the site, use of the site, or access to the site for any commercial purposes.

We do not warrant or guarantee that this Site will be complete, uninterrupted, secure, timely or error free and its content will be accurate and reliable. We do not guarantee that all the defects will be corrected. All information on this website may be changed or modified without a notice. 

 

LIABILITY 

You are agree that Lively is not responsive for any decisions made relying on the information or data from this website, from us or our employees. All products and services available through this website and at our store provided without any warranties including without limitation warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. You are agree to take responsibility for any loss or damage resulting from the information or data from this website.

In no case shall Lively or our employees be responsible for any loss (including without limitations loss of profit, revenue, savings, data and any other kind of loss). 

In no case shall Lively or our employees be responsible for any damage, injury, death, claim, error, theft etc. resulting from using our Products, Services or information or data from this website. This disclaimer applies without limitations to any kind of damage or loss (direct, indirect, incidental, punitive, consequential etc.)

You are agree that the total aggregate amount, that Lively is liable for, cannot exceed the greater of $100.00 under no circumstances. 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Lively website or these terms must be filed within one (1) year after such claim. Otherwise, such cause of action is permanently barred.

Lively do not warrant that use of The Content on the Site will not infringe rights of third parties.

These terms as well as all lawsuits arising out of the terms or out of the use of the site shall be governed by the laws of the state of New York as applied to agreements made, entered into and performed entirely in New York or be brought in the federal or state courts located in New York, New York by New York residents, notwithstanding your actual place of residence. 

You agree that you will not use the site to harass, harm, stalk another individual, or pretend to be anyone you are not, or violate any local, state, national or international law. 

We reserve the right to terminate the use of the Site or service to anyone for violating any of the prohibited uses or these Terms.