Terms and Conditions of Sale
THIS PAGE CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your purchase from the NutraSanus LLC. entity named on the invoice ("NutraSanus LLC.") that will be provided to you ("Customer") on orders for products sold in the United States. By accepting delivery of the products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH NUTRASANUS LLC, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER NUTRASANUS LLC STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in NutraSanus LLC's sole discretion.
1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and NutraSanus LLC.
2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF GEORGIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within NutraSanus LLC's sole discretion, and unless otherwise agreed to by NutraSanus LLC, payment must be received by NutraSanus LLC prior to NutraSanus LLC's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by NutraSanus LLC. Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. NutraSanus LLC may invoice parts of an order separately. Orders are not binding upon NutraSanus LLC until accepted by NutraSanus LLC. Any quotations given by NutraSanus LLC. will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
4. Shipping Charges; Taxes. Separate charges for shipping and handling may be shown on NutraSanus LLC invoice(s). Unless Customer provides NutraSanus LLC with a valid and correct tax exemption certificate applicable to the product ship-to location prior to NutraSanus LLC's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for NutraSanus LLC's franchise taxes and taxes on NutraSanus LLC's net income. If applicable, a separate charge for taxes will be shown on NutraSanus LLC's invoice.
5. Title; Risk of Loss. Title to products passes from NutraSanus LLC to Customer on shipment from NutraSanus LLC's facility. Loss or damage that occurs during shipping by a carrier selected by NutraSanus LLC is NutraSanus LLC's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).
6. Warranties, Disclaimers. NUTRASANUS LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF' MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In addition to these Terms and Conditions, customer agrees to be bound by the acceptance of contract terms contained elsewhere in this site.
7. Return Policies. NutraSanus LLC products that are purchased directly from NutraSanus LLC by an end-user Customer may be returned by Customer in accordance with NutraSanus LLC's Return Policy.
If not completely satisfied, all products may be returned within 60 days from the original shipping date for a full refund of the purchase price less the shipping costs.
Email us at email@example.com or telephone our Customer Service department toll-free at 1-888-559-3802 to request a Return Merchandise Authorization (RMA) number, shipping address, and instructions. You will need to provide the name you ordered with or your order number to complete the authorization. We may be able to suggest an alternate product that will better suit your needs.
If possible, use the original packaging to return the products. Pack the shipment adequately to avoid damage during shipping.
Indicate the following information clearly on the shipping package:
- Return address.
- Shipping address.
- RMA number located below the shipping address.
Returns should be shipped with adequate shipping insurance at the expense of the customer. If products are lost during shipping, we cannot issue a refund.
Upon receipt of the authorized return items, we will credit your account for the cost of the product(s) less only the original shipping charges (if any). Shipping charges are non-refundable. We process returns within 5 business days of receiving, but please allow up to 10 days for the credit to appear on your statement.
There is no restocking fee.
Non-Returnable / Non-Refundable Items:
8. Order Cancellation.
- Special Sale and Clearance items: Products that are sold at prices below our everyday discounted price level.
- Item(s) returned more than 60 days from original shipping date or item(s) returned without a valid Return Merchandise Authorization (RMA) number. At our discretion, we may reject or dispose of the shipment.
- Shipping charges.
Cancellation requests can be honored until the moment the order is shipped. You must email our Customer Service Department at firstname.lastname@example.org or call us to cancel an order. If the order has not already shipped, we will cancel your order. Once shipped, you may cancel the order by rejecting the shipment upon delivery: we will process the rejected shipment as a return. Your money will be refunded minus the shipping charges.
NutraSanus LLC's policy is one of on-going product update and revision. NutraSanus LLC may revise and discontinue products at any time. NutraSanus LLC reserves the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.
10. Limitation of Liability.
NUTRASANUS LLC DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY REASON. NUTRASANUS LLC WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against NutraSanus LLC, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "NutraSanus LLC") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), NutraSanus LLC's advertising, any related purchase, including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and NutraSanus LLC. The arbitration shall be held in Walton County, Georgia at the office of NutraSanus LLC, by telephone, or online. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the NAF or at P.O. Box 50191, Minneapolis, MN 55405.
12. Applicable Law; Not For Resale.
Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. NutraSanus LLC has separate terms and conditions governing resales.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
By ordering any product from NutraSanus LLC, whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of Sale, as well as the "Acceptance of Contract Terms" contained elsewhere in the NutraSanus LLC web site.