Last Modified: July 7, 2017
These Terms and Conditions (hereinafter referred to as “Agreement”, “Terms and Conditions” or “Terms”) are a legally binding agreement between you either an individual, group or entity (the “Customer”, “User”, “You”, or “Your”) and www.vitaminsup.com (“Website”, “Vitamins Up”, “Site” or “Service”) owned and operated by Vitamins Up (“Company”, “We”, “Us”, or “Our”) a business operating in accordance with the Laws of the State of Utah, United States of America from the business head office located at 624 West 21st, Ogden, Utah, USA.
We advise you to read these Terms and Conditions carefully. Your access to the Website and purchase of products through the Website constitutes your acceptance of all the provisions of these Terms and Conditions. If you do not wish to comply with these Terms and Conditions, please do not access the Site and Services offered through the Site.
PLEASE NOTE THAT THE COMPANY DOES NOT ENDORSE OR RECOMMEND THE CONSUMPTION OR USE OF ANY PRODUCTS LISTED, PROMOTED OR SOLD THROUGH THE WEBSITE. WE DO NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS AND WE WILL NOT BE HELD RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO PHYSICAL INJURY OR DEATH) ARISING FROM OR CONNECTED WITH THE USE OF PRODUCTS PURCHASED THROUGH THE SITE. ACCORDINGLY, ANY DECISION TO PURCHASE / USE / CONSUME ANY PRODUCTS SOLD THROUGH THE WEBSITE IS AT YOUR OWN RISK.
PLEASE ENSURE THAT YOU HAVE ASSESSED THE SUITABILITY OF YOUR SELECTED PRODUCT WITH YOUR PHYSICIAN OR VETERINARIAN (WHEN PURCHASING PRODUCTS FOR YOUR PETS) AND THAT YOU OR YOUR PET, DO NOT SUFFER FROM ANY MEDICAL CONDITION THAT WILL RENDER THE CONSUMPTION OF YOUR CHOSEN PRODUCT UNSAFE. YOU HEREBY RELEASE THE COMPANY FROM ANY LIABILITY ARISING FROM OR ASSOCIATED WITH YOUR USE / CONSUMPTION OF PRODUCTS PURCHASED THROUGH OUR SITE.
Vitamins Up is not addressed at Users under the age of 18 years. If you are under 18 years of age, you must obtain the express consent of your parent or legal guardian to enter into this Agreement with the Company. By granting their express consent to the use of the Site, your Parent(s) or Legal Guardian(s) take responsibility for: (i) your actions; (ii) any charges associated with your purchase of products through the Website; and (iii) your acceptance and compliance with these Terms. If you do not have the requisite consent from your parent(s) or legal guardian(s), you must stop accessing this Site immediately and please do not purchase any products through our Website.
If you are entering into this agreement on behalf of an entity, you represent that you are authorized to enter into legally binding contracts on behalf of such entity.
IF YOU ARE UNDER THE AGE OF THIRTEEN YEARS, YOU ARE NOT ALLOWED TO ACCESS OUR WEBSITE OR PROVIDE ANY PERSONAL INFORMATION ON OUR WEBSITE.
By using the Website, you represent and warrant to the Company that you have the right, authority, and the requisite capacity to enter into this Agreement which is a legally enforceable.
How the Website works
Vitamins Up offers Users a convenient way to order quality vitamins and supplements online. Users can easily select the products they wish to purchase from vast collection available on the Site, place their order at www.vitaminsup.com and make payments through any major credit cards or the secure Paypal payment gateway. The Company currently uses third-party shipping company for shipping the products throughout USA. Unless expressly stated otherwise, all shipping costs are borne by the User and Users can view the shipping costs before they proceed with the checkout.
Shipping, Delivery, Pricing and Payment
You acknowledge that delivery of the Products is subject to availability of the Products and shipping location. We use third-party shipping service providers who strive to deliver the Product to you within the delivery timeframe stated at the time you place your order. However, you understand that all delivery timeframes are estimates only and delays can occur for reasons beyond our control. If the delivery of your Product is delayed, we will make our best effort to inform you accordingly via e-mail. The time for delivery shall not be of the essence and we shall not be liable for any delay in delivery whatsoever caused.
The Product shall be delivered to the address specified by you when placing your Order. In cases where the customer refuses to take delivery of the product without sufficient cause or justification, or if the parcel bounces, we will keep the product for you for a period of sixty (60) days, reckoned from the date we receives the bounced parcel. After the lapse of such period, the product or item is deemed abandoned by customer, and Company may dispose of the product without incurring any obligation toward the Customer. Please take note that the Customer is responsible for all shipping costs incurred in resending the parcel, we will use our best efforts to return the parcel to the Customer within the time frame provided.
You may pay for the Product using any of the payment methods prescribed by us from time to time. By accepting our terms and conditions, you further accept to abide by the terms and conditions of our chosen Payment Processor.
Please note that we reserve the right to change our product prices at any time without giving any prior notice to you. You will be liable to pay the product price listed on our Website at the time you place your order. In the event we decide that a product price listed on our Website is incorrect, we will contact you and offer you an opportunity to place your order at the correct price.
You may cancel your order any time up to 3 hours before shipping and you will be entitled to a full refund which will be payable in accordance with our Refund Policy as stated above. Please note that we do not accept cancellations after we have dispatched your order or offer refunds for orders that have already been shipped except as described in our returns, replacement and refund policy above.
To enquire about cancellations, please contact us at email@example.com by using the word “Cancellation” in the subject line. We will inform you if you are eligible to cancel your order.
We may Cancel an order at any time after the occurrence of either:
- the Products ordered being unavailable for any reason; or
- the User being in breach of an provisions of these terms
- We cease our business operation for any reason
Guest Checkout, Account Registration and Access
You do not have to create an account at www.vitaminsup.com to purchase products, you can easily make online purchase and checkout as a Guest, however, if you do decide to create an account on the Website, you will be required to provide Us with registration information. Creating an account enables you to view your orders which functionality is not available to Guest users. You agree that you will provide Us with accurate and current information when creating an account on the Website. In the event of any material change in your account details, please amend your details immediately by visiting “My Account” page or alternatively contact us at firstname.lastname@example.org with the words “Account details” in the subject line.
Your failure to provide Us with correct registration details shall constitute a breach of these Terms. In the event of such breach, We reserve the right to immediately terminate your account. We may refuse registration of a User account in Our sole discretion and without providing any reason to you. Vitamins Up relies upon Users to protect their login credentials. You accept that all activity under your account is solely your responsibility and you will take all necessary steps for maintaining the confidentiality of your account sign-in credentials. You agree that you will never use another User’s account without their prior express permission. Furthermore, you agree to immediately notify Us in writing of any unauthorized use and access to your account, or similar security breach of which you become aware of.
Public Areas and User Generated Content
Our Website may contain blogs, ratings and reviews for our products, and/or other message or communication facilities (“Public Areas”) that allow you to communicate with other Users or publicly ask us questions regarding the products. You may only use such community areas to send and receive information that is relevant to the applicable forum. Please note that any and all submissions made to Public Areas will be publicly visible and that you will be publicly identified by your public profile when communicating in Public Areas. The Company will not be held responsible for the actions of any Users with respect to any information or materials posted in such Public Areas. Any information posted, shared or transmitted by a User is the sole responsibility of the User posted, shared or transmitted such information. We assume no liability or responsibility for any errors or omissions in any User Generated Content. We do not offer any assurances and disclaim all liability regarding the identity of any other Users.
You agree to grant us an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content publicly posted by you on the Website or our Social Media Pages for the purpose of including that material and information on the Website and as otherwise may be required to provide the Service or for the general promotion of the Website and Products as permitted by this Agreement.
You agree that at all times:
- You will comply with this Agreement and all applicable laws and regulations;
- You will ensure that you are aware of any laws that apply to you as a Customer of Products sold through the Website.
You agree not to:
- Post any content that may be potentially or actually harmful to the Company or any User;
- Post any content or information that is false, inaccurate, misleading or deceptive in nature;
- In any way, infringe any User or third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights including but not limited to rights of publicity, confidentiality or privacy;
- Act in any manner that may lead to violation of any applicable laws or regulation, including but not limited to those governing export and import control;
- Post any content that may be deemed defamatory, libellous, threatening or harassing;
- Post any content that is obscene or contain any material, that we may in our sole discretion deem inappropriate or unlawful;
- Intentionally or unintentionally cause harm or subvert the function of the Website by introducing any viruses, trojan horses, time bombs, cancelbots or other computer programming routines that may damage, modify, delete or interfere with any system, data or personal information stored on the Platform;
If we determine, in our sole discretion, that you have breached any obligation under this provision, we reserve the rights to remove any content you have submitted through the Website or on our Social Media Pages and disallow you access to our website.
We reserve the right to investigate and prosecute violations of any prohibited behaviour or breach of these terms to the fullest extent of the law. We reserve the right to take actions to prevent and/or control such violation including but not limited to, removing any inappropriate communication or content from the Website and/or terminating the account of such violators and/or blocking their use of the Website.
We appreciate our Users and love to hear their views. If you would like to share your feedback and suggestions about how to improve our collection of products or website, please submit your feedback to email@example.com. By contributing your feedback, you give us the right, at our discretion, to use, disclose or exploit your contribution and/or ideas, in whole or in part, without any restriction or compensation to you.
We reserve the right to change any features, products or the Terms on this Website at any time, in our sole discretion without giving any notice to you. All modifications/amendments will be effective upon implementation on the Website. You agree to review these Terms periodically to familiarise yourself with any change in your rights and obligations as a result of such modifications. Please note that we do not assume any responsibility for any loss suffered by you as a result of your failure to review such modified Terms or Website functionality. Unless expressly stated otherwise, your continued use of the Website after the introduction of modifications will constitute a tacit acceptance and agreement to abide by such modification.
We may in our sole discretion, at any time deactivate your access to the Website without giving any prior notice: to carry out any system maintenance on our website or/and testing or general bug fixing repairs or/and other related work. Without prejudice to any other provisions of this Agreement, we will not be liable to indemnify you for any loss or/and damage or/and costs or/and expense that the you may suffer or incur, as a result of such deactivation or/and suspension.
Reservation of Rights
We reserve all rights not expressly granted in these Terms & Conditions.
ANY CONTENT OR INFORMATION INCLUDING ANY, ADVICE, RECOMMENDATION OR GUIDANCE OR CLAIM POSTED ON OUR WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO TREAT ANY MEDICAL CONDITION OR REPLACE MEDICAL TREATMENT FROM A LICENSED MEDICAL PRACTITIONER. WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING WHETHER DIRECTLY OR INDIRECTLY FOR ANY ACTION OR OMISSION ON YOUR BEHALF, BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL MADE AVAILABLE THROUGH OUR WEBSITE.
Disclaimer of Warranties
THE PRODUCTS ON OUR WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” BASIS WHICH MEANS THAT WE DO NOT OFFER ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, SUITABILITY OR QUALITY OF PRODUCTS MADE AVAILABLE THROUGH THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ITS SHAREHOLDERS, OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OF CONTENT, INFORMATION OR PRODUCTS PROVIDED THROUGH THE WEBSITE.
To the fullest extent permitted by law, you hereby agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, licensors, attorneys, independent contractors and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred, in connection with Your use or inability to use the Product purchased through the Site.
LIMITATION OF LIABILITY
THE COMPANY, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS’ LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PRODUCTS PURCHASED THROUGH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH EVENT, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE COMPANY OR ITS EMPLOYEES, AFFILIATES OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE PURCHASE PRICE PAID BY THE USER, IF ANY, DURING THE ONE (1) MONTH PRIOR TO THE TIME SUCH CLAIM AROSE.
This website is controlled by Vitamins Up a business operating in accordance with the Laws of the State of Utah, USA. Any legal actions pertaining to this Agreement must be brought in the courts of law with appropriate jurisdiction to rule upon the matter, located in Weber County, Utah.
Assignability – The Company may assign any of its responsibilities and/or obligations to any other Person, at its sole discretion, without giving any notice to you. However, you shall not assign or transfer any of your rights under this Agreement to any other party, without express written consent from the Company.
Severability – If for any reason, any provision of this Agreement or any part of any provision is deemed to be unlawful, void, or for any reason unenforceable, then such provision will be limited or eliminated from this Agreement only to the extent necessary and will not affect the validity and enforceability of any remaining provisions.
Waiver – Any failure on the part of the Company to exercise any right or remedy under this Agreement will not constitute a waiver of such right or remedy.
Force Majeure – The Company is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power, confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.