Terms and Conditions
This page (together with any documents referred to on it) tells you the terms and conditions on which VITAMINS DIRECT USA INC (“we” or “us”) supply to you any of the products ("Products") listed on our website www.wtrawleigh.com ("our site") or ordered via our call centre, or via Amazon.
Please read these terms and conditions carefully before ordering any Products from us. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
INFORMATION ABOUT US (WHO WE ARE)
The following are the entities involved in the contract between the customer and VITAMINS DIRECT USA INC.
VITAMINS DIRECT USA INC, (hereinafter referred to as VITAMINS DIRECT USA INC or WT Rawleigh), doing business as WT Rawleigh Canada, having its address at 2500, Metrocentre Blvd., Suite 5, West Palm Beach, FL 33407, USA.
VITAMINS DIRECT USA INC is a wholly owned subsidiary of The Vitamins Direct Group, LLC having its address at 2500, Metrocentre Blvd., Suite 5, West Palm Beach, FL 33407, USA
By placing an order through our site, you warrant that:
We take every care to ensure that the description and specification of the Products are correct on the Site. However, specifications and descriptions of products on such Site are not intended to be binding and are intended only to give a general description of the products. Furthermore, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used to view the products.
PRICE AND PAYMENT
The price of any Products will be as quoted on our site and in our catalogue and promotional material from time to time, except in cases of obvious error. These are the price for the Products only. Taxes will be calculated separately and will be added to the subtotal on the invoice. The payment for your order will be collected by VITAMINS DIRECT USA INC’s payment processing and banking channels.
Prices of Products are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order acknowledgement.
Our site contains many Products, and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions or reject your order and notify you of such rejection
The current prices charged by VITAMINS DIRECT USA INC for standard delivery $6.95 and $0.5 for every additional unit.
Payment can be made using all major credit and debit cards and it is collected on our behalf by Braintree. Payment will be taken at the time of purchase or shortly after. Alternatively, you can use an existing PayPal account to pay for the order.
SHIPPING AND DELIVERY
Please refer to the Shipping and Delivery Page on the site for further details about which countries we ship to.
We will deliver the Product(s) to the delivery address you specify in your order. If you have not received the Product(s) within the estimated delivery time of 7 - 14 days, you should contact us via our website or by email or by telephoning the Customer Call Centre (details are available here: Contact Us).
If your Product(s) arrived damaged when it was delivered, you must notify us within 72 hours of the day you receive the Product(s), kindly contact the Customer service team at 866-354-8384 or firstname.lastname@example.org.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing your order via our site for Products, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products from us. All orders are subject to acceptance by us. We will notify you where Products may not be available.
Your Contract with us will relate only to those Products not notified as out of stock. We will not be obliged to supply any other Products which may have been part of your order until the Products are available.
We reserve the right to cancel your order at any time pre despatch.
Any offer or promotion run by VITAMINS DIRECT USA INC is strictly one use only per customer unless stated otherwise. Any misuse of our offers or promotions will result in your order being cancelled and refunded.
RISK AND TITLE
The Products will be at your risk from the time the Products are made available for delivery by our third-party logistics provider.
Title to the Products will pass at the time specified in the clause above provided we have received full payment of all sums due in respect of the Products by that time.
OUR RETURNS REFUNDS POLICY
Please read our return and refund policy for the complete policy
We warrant to you that any Product purchased from us through our site is of satisfactory quality.
Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
This does not include or limit in any way our liability for death or personal injury caused by our negligence or for fraud or your statutory rights as a consumer.
We accept no liability for any loss or damage caused by us or our employees or agents:
Please also note that you must comply with all applicable laws and regulations of the country into which you import the Products. We will not be liable for any breach by you of any such laws.
Applicable laws require that some of the information or communications we send to you should be in writing.
When using our site, you accept that communication with us will be mainly electronic.
We will contact you by e-mail or through telephone or provide you with information by posting notices on our website.
For contractual purposes, you agree to the above means of communication, and you acknowledge that all contracts, notices, information, and other communications that we provide to you comply with any legal requirement that such communications be in writing.
This condition does not affect your statutory rights. Where appropriate VITAMINS DIRECT USA INC reserves the right to send you service communications related to your purchase where you have opted out of marketing communications.
All notices given by you to us must be given to Vitamins Direct USA Inc at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph above.
Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes (without limitation) the following:
Strikes, lockouts, or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations, or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 12 above.
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
You and we each acknowledge that, in entering a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of you or us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of a Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we sell you the Products (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by Canadian law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of Canada.
The content of our site is protected by copyright, trademarks, database, and other intellectual property rights. You may retrieve and display the content of www.reginahealthcare.com, on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy, or distribute or use for commercial purposes any of the materials or content on www.reginahealthcare.com, without written permission from us.
RESTRICTIONS ON USE
You may not use the site www.reginahealthcare.com for any of the following purposes:
* disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
* transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
* gaining unauthorised access to other computer systems
* interfering with any other person's use or enjoyment of www.wtrawleigh.com,
* breaching any laws concerning the use of public telecommunications networks
* interfering or disrupting networks or websites connected to www.wtrawleigh.com
* making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
You will indemnify us against all losses, liabilities, costs, and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us because of any settlement agreed by us arising out or in connection with:
* any claim by any third party that the use of www.reginahealthcare.com by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
* any claim by any third party that the use of www.wtrawleigh.com by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
* any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of www.reginahealthcare.com by you.
Other than claims arising from the use by you of the site to order product(s) in the normal manner
Our products are not intended to treat, cure, or prevent any disease, nor is the information supplied in our magazine/catalogue or other promotional material intended to replace the individual advice available from your own doctor. If you have a recurring health problem that worries you, always tell your GP. If you are taking a prescription medicine, please consult your doctor or pharmacist before taking our Products. If you experience an adverse reaction, stop taking our Products and seek medical advice.
You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights, this also includes the use of copyrighted images for profile pictures/avatars.
CHOICE OF LAW AND JURISDICTION
This Agreement shall be governed by and interpreted in accordance with English law, and you irrevocably agree that the courts of the Canada shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Agreement. Nothing in this clause limits the right of Provider to bring proceedings against you arising out of or in connection with the Agreement (a) in any other court of competent jurisdiction or (b) concurrently in more than one court of competent jurisdiction.
You agree to indemnify and hold Provider, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses of any character suffered or incurred arising out of your use of the Website or the Ratings and Reviews in violation of this Agreement, and/or arising from your use of or conduct on the Website or in use of the Ratings and Reviews and/or a breach of this Agreement.
This Agreement is accepted upon your use of the Website. This Agreement constitutes the entire agreement between you and Provider regarding the use of the Website. The failure of Provider to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement fully operates permissible by law. If any provision of this Agreement is unlawful, void, or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
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