PharmaNutrics USA Terms of Sale
These Terms of Sale describe the Terms and Conditions for the sale of products by PharmaNutrics USA and its subsidiaries and affiliates (hereinafter, collectively, the “Company”). These Terms of Sale (“Agreement”) govern your (“you” or “your” or “Customer”) purchase of PharmaNutrics USA products and services available on PharmaNutrics USA’s website available at www.pharmanutrics.com and all content or information therein and any subdomains thereof (collectively, the “Site,” such products and services, the “Products”).
1. Changes To Terms Of Sale
PharmaNutrics USA reserves the right to change these Terms of Sale from time to time. Such changes will become effective when PharmaNutrics USA posts the revised Terms of Sale as part of this Site. The most current version of the Terms of Sale can be reviewed by clicking on the “Terms and conditions of Sale” hypertext link located in the footer on each page of the website. Customers should check the Terms of Sale from time to time, as they are bound by the Terms of Sale so posted from and after the time the changes are posted. Any revised Terms of Sale shall supersede all previous versions.
2. Applicability of Terms of Sale
These Terms of Sale, unless otherwise expressly agreed in writing by the Company, apply to every sale by the Company and are included in each acceptance by the Company of any customer’s offer to purchase. If a customer offers to purchase products from the Company with its own purchase order or similar form, any terms proposed therein which add to, vary from, or conflict with these Terms are objected to by the Company and expressly rejected, and shall not be a part of the contract of sale unless the proposed terms are accepted and approved in a written document referring specifically to such terms and signed by an authorized Company representative. Your purchase of Products from PharmaNutrics USA is expressly made subject to this Agreement. This Agreement constitutes the complete agreement between you and PharmaNutrics USA, and supersedes all prior communications, representations and agreements, written or oral.
3. Customer Acknowledgement
You hereby represent and warrant that: (i) you are an individual acting in your individual capacity or as an agent of a person or entity that has authorized you to act on that person’s or entity’s behalf; (ii) you possess the legal right and ability to make a credit card charge on your own behalf or on behalf of such other person or entity; (iii) you are at least eighteen (18) years of age; and (iv) all information that you submit to PharmaNutrics USA is true, accurate, complete and current.
4. Purchase of Products
If you elect to purchase Products on or through the Site, you agree to the pricing and payment terms, and PharmaNutrics USA reserves the right to revise the pricing of its dietary supplement products and payment terms at any time and without advance notice. You may place orders for Products on the Site by following the posted directions and fully and accurately completing all information requested (including without limitation, type and quantity of Products ordered, shipping information, and payment information). Once you place an order, the order will be transmitted to PharmaNutrics USA for processing. All orders are subject to acceptance by PharmaNutrics USA, and PharmaNutrics USA reserves the right to reject any and all orders. The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. PharmaNutrics USA reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to you or any customer. Verification of information may be required prior to the acceptance of any order. Once accepted, all orders are firm and non-cancelable by you. Orders will be deemed accepted by PharmaNutrics USA unless PharmaNutrics USA notifies you of a rejection in writing (including via email) within fourteen (14) days after you place the applicable order.
If a PharmaNutrics USA product is received in damaged condition, then it should be reported promptly to the Customer Service Department at firstname.lastname@example.org. If a discrepancy exists between the quantity of items ordered and the quantity of items received, then PharmaNutrics USA should be notified within seven (7) business days of receipt of the shipment.
5. Purchases and Purchase Program
You may purchase Products on an as-needed basis or by subscribing to the automatically recurring purchase program (the “Program”). By subscribing to the Program, you agree that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription in the Program will be automatically extended for successive periods, at the then-current subscription rate in accordance with this Section. Shipments made on or after the date of a price change will be invoiced at the new price. To cancel your participation in the Program, you must log into your account and follow the applicable cancellation procedures or email us at email@example.com. You must make a cancellation or change to your subscription at least five (5) business days in advance of a scheduled shipment, otherwise the scheduled purchase and applicable charges in effect prior to such cancellation/change shall apply. PharmaNutrics USA will process the periodic charge pertaining to the Program without further authorization from you, until you provide prior notice (pursuant to the above) that you have terminated this authorization or wish to change your payment method.
6. Prices and Taxes
The prices of our Products may vary, and we may add new Products for additional fees and charges at any time at our sole discretion. The prices for the Products shall be as set forth on the Site at the time that you place your order. If there was an error on the posted price PharmaNutrics USA shall inform you and the order will be cancelled or made subject to the correct pricing. Prices are stated in U.S. dollars and include packaging and packing charges, but exclude shipping and delivery charges. Prices shall be exclusive of all applicable customs duties and all federal, state, local, excise, sales, use and similar taxes. All such applicable amounts, if any, shall be separately stated by PharmaNutrics USA and shall be charged to your credit card account.
Payment for the Products may only be through valid credit cards, Apple Pay, and Google Pay or gift cards/codes issued by PharmaNutrics USA. Gift cards/codes cannot be redeemed for cash and are only valid for purchase of Products on the Site. By submitting your order to PharmaNutrics USA for processing (including providing your credit card information), you authorize PharmaNutrics USA to charge the full amount of your order (including taxes, shipping, handling, insurance and related charges described to you on the Site) to your credit card. You agree to pay all charges incurred by users of your credit card used in connection with a purchase or transaction or other monetary transaction interaction with the Products and Site at the prices in effect when such charges are incurred. You will pay all applicable taxes, if any, relating to any such purchases. Notwithstanding anything to the contrary set forth in this Agreement, if your credit card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically, with or without notice to you. Any credit for Products that may become payable to you by PharmaNutrics USA shall be credited to the credit card that you used to purchase the applicable Products.
8. Shipping, Delivery and Risk of Loss
PharmaNutrics USA's dietary supplement products are shipped according to the standard methods of shipping in place at the time. PharmaNutrics USA will have the Products shipped to you as they become available for shipment. You understand that normal delivery varies substantially from Product to Product, and that delivery dates are estimates only and not guaranteed. PharmaNutrics USA reserves the right to ship your order in parts. All shipping, handling, insurance and related charges will be charged to your credit card. If a Customer places an order online and then subsequently refuses to accept delivery of the order for reasons that are attributable to Customer error, then the Customer can be assessed a restocking fee and the shipping charges.
9. Products Purchased for Personal Use Only
You acknowledge and agree that the prices charged to you for the Products are based upon PharmaNutrics USA’s understanding and belief that you will use the Products for personal purposes and will not resell the Products. You hereby expressly represent and warrant that you shall not market, resell or transfer the Products to any other party under any circumstance.
10. Returns and Limited Remedy
The customer's exclusive remedy for any type of claim or action for defective Products will be limited to the replacement of the Products pursuant to the Return Policy. You may return Products that you purchase via the Site in accordance with PharmaNutrics’ Return Policy available on the Site.
11. Disclaimer of Warranties
The Return Policy set forth in section 10 (“Returns and Limited remedy”) above, is your sole and exclusive remedy regarding Products that you purchase from the Site. All use of the Products is at your own risk. The Products and any content and information presented on the Site or via the Products are provided on an “as is,” “as available” basis without warranties of any kind, whether express, implied or statutory, including, but not limited to, timeliness, accuracy, completeness, reliability, merchantability, fitness for a particular purpose, title, non-infringement or safety. PharmaNutrics USA makes no warranties or representations about the Site, Site Content or Products, or the content of any websites linked to the Site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, and (ii) any unauthorized access to or use of our secure servers and/or any and all personal information or financial information stored therein. PharmaNutrics USA does not warrant, endorse, guarantee or assume responsibility for any service or product advertised or offered by a third party through the Products or any hyperlinked website or other advertising, and PharmaNutrics USA will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, other than as expressly provided herein. Without limiting the foregoing, neither PharmaNutrics USA nor its affiliates or licensors make any warranty as to the results that may be obtained from the use of the Products. You acknowledge and agree that the Site may include certain inaccuracies or typographic errors (such as errors in posted prices, products information and the like) and PharmaNutrics USA shall not be responsible or obligated to you in any in the event of such inaccuracies or errors. Some jurisdictions do not allow the exclusion of implied warranties so some or all of the above exclusions may not apply to you.
12. Limitation of Liability
PharmaNutrics USA, its affiliates, or its or their directors, officers, employees, agents, suppliers or licensors under no circumstances shall be liable to you or anyone else for any loss of profit, revenue, goodwill, business opportunity or anticipated savings or lost data, or for any indirect, consequential, exemplary, incidental, special or punitive damages, arising from your access or use of, or inability to access or use, the Products, the Site, or any of the Site Content or other materials on, accessed through or downloaded from the Site, even if PharmaNutrics USA is aware or has been advised of the possibility of such damages however caused and regardless of theory of liability. This limitation of liability applies regardless of, but is not restricted to, whether the alleged liability, harm, injury, loss or damages arose from authorized or unauthorized access to or use of the Site or the Services; any inability to access or use the Site or the Services; or any removal, deletion, limitation, modification, interruption, suspension, discontinuance or termination of the Site or the Services.
These limitations shall also apply with respect to damages resulting from any transactions or potential transactions, goods or services promised or exchanged, information or advice offered or exchanged, or other content, interactions, representations, communications or relations through, related to or as a result of the Site or the Services.
PharmaNutrics USA will not be liable for Products claimed to be defective where the defect resulted from causes not within PharmaNutrics USA's control, or which arose or occurred after shipment, including but not limited to accidents, misuse, mishandling, improper installation, contamination or adulteration by other materials or goods, or abnormal conditions of temperature, moisture, dirt, or corrosive matter. Any claim that Products sold by PharmaNutrics USA were defective or otherwise did not conform to the Contract of Sale is waived unless the customer submits it in writing to PharmaNutrics USA within thirty (30) days from the date the customer discovered or should have discovered the defect or non-conformance. No legal action or proceeding complaining of goods sold by the Company may be brought by the customer more than one (1) year after the date the customer discovered or should have discovered the defect or problem of which it complains.
Without limiting the foregoing, PharmaNutrics USA shall have no liability for any loss or damage arising from or in relation to hacking, tampering or other unauthorized access to or use of the Products, or your interactions with PharmaNutrics USA or any other use of the Products. You agree that the above Limitations of Liability together with the other provisions in this agreement that limit liability are essential terms of this agreement and that PharmaNutrics USA would not be willing to grant you the rights set forth in this agreement but for the above Limitations of Liability; you are agreeing to these Limitations of Liability to induce PharmaNutrics USA to grant you the rights set forth in this agreement. Some jurisdictions do not allow the exclusion or Limitation of Liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
13. Dispute Resolution
Agreement To Contact PharmaNutrics USA With Any Disputes
For any dispute you have with PharmaNutrics USA, you agree to first contact us and attempt to resolve the dispute with us informally, and you agree to provide a written description of the problem, relevant documents and supporting information.
Agreement To Arbitrate Disputes
You agree to arbitrate all disputes you have with PharmaNutrics USA, on an individual basis, not on a class-wide or consolidated basis. This agreement to arbitrate is intended to be broadly interpreted. In arbitration, there’s no judge or jury. However, just as a court would, the arbitrator must honor the terms and limitations in the Terms and can award damages and relief, including any attorneys’ fees authorized by law. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction.
We each also agree as follows:
(2) The FAA applies to this Agreement and arbitration provision. We each agree that the FAA’s provisions—not state law—govern all questions of whether a dispute is subject to arbitration.
(3) Unless we each agree otherwise, the Arbitration will be conducted by a single, neutral arbitrator and will take place in McHenry County, Illinois.
(4) The arbitration will be governed and conducted by (a) a neutral third-party arbitrator selected by each of us and based upon rules mutually agreed to by each of us or (b) the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include only such damages as are permitted to be awarded pursuant to these Terms. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts. Nothing in this paragraph will require or allow us or you to arbitrate on a class-wide or consolidated basis.
(5) We each agree that we will only pursue arbitration on an individual basis and will not pursue arbitration on a class-wide or consolidated basis. We each agree that any arbitration will be solely between you and PharmaNutrics USA (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court.
(6) We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to arbitration.
Exceptions To Our Agreement To Arbitrate Disputes
Either of us may bring qualifying claims in small claims court. In addition, this arbitration provision does not prevent you from bringing your dispute to the attention of any federal, state, or local government agency that can, if the law allows, seek relief against us on your behalf.
No Class Actions
To the extent allowed by law, we each waive any right to pursue disputes on a classwide basis; that is, to either join a claim with the claim of any other person or entity or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration, or other proceeding.
No Trial By Jury
To the extent allowed by law, we each waive any right to trial by jury in any lawsuit, arbitration, or other proceeding.
14. Allocation of Available Supply
If for any reason PharmaNutrics USA is unable to supply all or any portion of the Products ordered by you, then PharmaNutrics USA may allocate its available supply among any or all purchasers, on such basis as PharmaNutrics USA may, in its reasonable discretion, deem fair and practical.
15. Force Majeure
You agree that PharmaNutrics USA is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, accident, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
You and PharmaNutrics USA may communicate with each other via U.S. Postal Service Registered or Certified Mail to:
PO Box 1660
Woodstock, IL 60098
Notices shall be deemed to have been duly given or delivered if delivered personally three (3) days after being mailed by registered or certified mail, return receipt requested with first class postage prepaid. PharmaNutrics USA will contact you using the information that you provide to PharmaNutrics USA, and you shall be solely responsible for the accuracy and completeness of such information.
17. Compliance with Law
The Products are made available from PharmaNutrics USA’s designated facilities in the United States. PharmaNutrics USA makes no representations that the Products are appropriate or available for use in other locations. Those who access or use the Products from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws, rules and regulations, including but not limited to export and import regulations. You may not use the Products if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found in or on the Products, including any marketing or promotional materials, are solely directed to individuals, companies, or other entities located in the United States.