This
CONDITIONS OF USE ("COU") is a legal agreement between you (either
as an individual or any other legal entity) ("You" or "Your")
and Intermational Resource Management & Acquisitions Corporation. ("Nutracell
& NutracellLabs.com"). Your access to, and use of, the Nutracell &
NutracellLabs.com websites for which You are registering ("Website")
is subject to, and governed by, these COU. If You are an individual, You represent
and warrant to Nutracell & NutracellLabs.com that You are accessing the
Website as a representative of Your company. Nutracell & NutracellLabs.com
may amend the COU by providing notice to you when you access the Website and
You may be required to agree to such amended COU as a condition to Your continued
use of the Website.
Be
sure to carefully read and understand all of the rights and restrictions delineated
in these COU. You are asked to review and either accept or reject the terms
and conditions of the COU. For Your reference, You may print the COU by using
the "Print" option on Your browser. Your registration will be rejected
unless or until You accept the terms of the COU. Your use of this website constitutes
Your agreement to the COU outlined herein..
1.
Term and Coverage.
1.1.
The COU will remain in effect until one party terminates the COU, with or without
cause and without liability, except as otherwise provided herein, (i) for Nutracell
& NutracellLabs.com immediately upon notice to You, and (ii) by You upon
five days written notice.
1.2.
All terms and conditions of Your orders and any sales made pursuant to accepted
orders will be governed exclusively by separate contracts between You and the
applicable Nutracell & NutracellLabs.com affiliate or authorized distributor.
2.
Passwords.
2.1.
You are responsible for the security of Your login ID and password ("Identifications")
for the Website. You agree that any person using Your Identification issued
for the Website will be treated by Nutracell & NutracellLabs.com as having
been authorized by You to access Your information as contained on the Website,
and take any other actions on Your behalf. You will indemnify and hold harmless
Nutracell & NutracellLabs.com and its affiliated companies from all damages,
costs, expenses, liabilities and claims incurred by them arising out of any
action taken by any person or entity using an Identification.
3.
Access. Nutracell & NutracellLabs.com has the right, but not the duty, to terminate or suspend Your access to the Website, without notice, for any conduct
that Nutracell & NutracellLabs.com, in its sole discretion, believes is
in violation of any applicable law or is harmful to the interests of another
user, a third-party provider, a service provider or Nutracell & NutracellLabs.com.
It is forbidden to access the Website from territories where the legislation
provides that the content or use of the Website is illegal. You choose to use
the Website on Your own initiative, and it is Your responsibility to ensure
that You conform to all applicable local laws.
4.
Copyright. Nutracell & NutracellLabs.com, its suppliers or the original
creator of the material own all copyrights to material on the Website and all
other intellectual property rights related to the Website.
5.
Trademarks.
5.1.
Nutracell & NutracellLabs.com and the Nutracell & NutracellLabs.com
logo are trademarks or service marks, registered or not, of Nutracell &
NutracellLabs.com. Nothing in this Site may be interpreted so as to grant to
You, directly or indirectly, the use of a trademark or service mark reproduced
on the Website, whether belonging to Nutracell & NutracellLabs.com or third
party suppliers, without the written permission of Nutracell & NutracellLabs.com.
6.
Confidential Information.
6.1.
Nutracell & NutracellLabs.com considers Your Identifications and information
contained in non-public areas of the Website (i.e., areas of the Website accessible
only with use of Your Identification) and not otherwise generally available
to the public to be confidential and proprietary ("Confidential Information").
You agree that such Confidential Information, whether written or oral, in whatever
form provided, will remain the property of Nutracell & NutracellLabs.com.
6.2.
You agree to restrict disclosure of such Confidential Information to employees,
contractors and other representatives of Your company with a clear need to know
and to advise such employees, contractors and other representatives of the existence
and terms of the COU and the obligations of confidentiality herein.
6.3.
During the term of the COU, Nutracell & NutracellLabs.com may receive from
You, or may itself generate (based upon other information received from You),
information and data related to Your projects ("Projects"). Such information
may include technical information, preliminary product and service descriptions,
specifications and business plans or other confidential data. You hereby consent
to Nutracell & NutracellLabs.com collecting, holding, using, communicating
and/or disclosing such Project information on the Website and to make available
such Project information to all Authorized Users.
7.
Links. THE LINKS ON THE WEBSITE MAY LET YOU LEAVE Nutracell & NutracellLabs.com
SITES. LINKED SITES ARE NOT UNDER THE CONTROL OF Nutracell & NutracellLabs.com
AND Nutracell & NutracellLabs.com IS NOT RESPONSIBLE FOR THE CONTENTS OF
ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES
TO SUCH SITES. Nutracell & NutracellLabs.com IS NOT RESPONSIBLE FOR WEBCASTING
OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. Nutracell &
NutracellLabs.com IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND
THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Nutracell & NutracellLabs.com
OF THE SITE.
8.
Product Availability. The availability of the products described on
the Website, and the product descriptions, may vary from country to country.
You should consult the applicable Nutracell & NutracellLabs.com affiliate
or authorized distributor for availability of specific products in Your area.
9.
Export of Information. The United States Export Controls laws prohibit
the export of certain technical data and software to certain territories. No
content from the Website may be downloaded or otherwise exported in violation
of United States law or any other local law from where You may be accessing
the Website. You agree to comply with all United States and foreign Federal,
State and local laws and regulations applicable to the use of the Website.
10.
Limitation of Liability. Nutracell & NutracellLabs.com, ITS RELATED
COMPANIES, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS MAY NOT, UNDER ANY
CIRCUMSTANCES BE HELD LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE (OR THE INABILITY
TO USE) THE WEBSITE OR ANY MATERIAL ON THE WEBSITE. THIS INCLUDES, BUT IS NOT
LIMITED TO, THE LOSS OF DATA OR LOSS OF PROFIT, EVEN IF Nutracell & NutracellLabs.com
WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.
Assignment. The COU may not be assigned or transferred by You without
the prior written consent of Nutracell & NutracellLabs.com. Nutracell &
NutracellLabs.com may assign the COU to any affiliate or third party in part
or in whole.
12.
Notices. All notices under these COU will be given only in writing
to Nutracell & NutracellLabs.com at [Nutracell & NutracellLabs.comWebTerms@Nutracell
& NutracellLabs.comcorp.com] and to You at the addresses you provided when
registering for the Website. Each party may change its notification address,
by giving reasonable written notice of the change to the other party in accordance
with these provisions.
13.
Disputes.
13.1.
Any controversy or claim arising out of or in connection with the COU, its enforcement
or interpretation ("Dispute"), will be finally resolved solely in
accordance with the terms of this Section 13.
13.2.
If a Dispute arises, the parties will endeavor to resolve the Dispute through
good faith negotiation within forty-five (45) days of notification of the Dispute.
If the Dispute cannot be settled through good faith negotiation, Nutracell &
NutracellLabs.com and You will submit the Dispute to non-binding mediation conducted
by the American Arbitration Association ("AAA") or any other mutually
acceptable alternate dispute resolution organization. Each party shall bear
its own expenses but those related to the compensation of the mediator shall
be borne equally. The parties, their representatives, other participants and
the mediator (and arbitrator, if any) shall hold the existence, content and
result of mediation in confidence. If the Dispute is not resolved through mediation,
claims may be brought in a state or federal court of competent jurisdiction
or resolved through binding arbitration. Notwithstanding the foregoing, Nutracell
& NutracellLabs.com shall be entitled to take immediate legal action where
required to protect its Confidential Information, or to obtain any interim injunction.
13.3.
Actions on Disputes between the parties with respect to the COU must be brought
in accordance with this Section 13 within two years after the cause of action
arises.
14.
Governing Law. The validity, construction and performance of this Agreement
will be governed by the substantive laws of the State of New York, without giving
effect to any provisions that would result in this Agreement being governed
by the law of any jurisdiction other than that of the State of New York. The
parties specifically disclaim the UN Convention on Contracts for the International
Sale of Goods. The parties hereby consent to the exclusive jurisdiction of,
and venue in, any federal or state court of competent jurisdiction located in
the Borough of Manhattan, New York City for the purposes of adjudicating any
matter arising from or in connection with this Agreement. THE PARTIES UNCONDITIONALLY
WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL FOR ANY CLAIM OR CAUSE OF ACTION
BASED UPON OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THIS AGREEMENT AND/OR
THE CONFIDENTIAL INFORMATION.
15.
Data Privacy
15.1.
You and Nutracell & NutracellLabs.com agree that they shall comply in all
respects with all applicable data protection laws and regulations (or any legislation
or regulations amending or replacing the same) (together, the "Data Protection
Laws").
15.2.
You shall in connection with these COU (i) not do or permit anything to be done
through an act or omission which might jeopardise or contravene the liability
of Nutracell & NutracellLabs.com under Data Protection Laws; and (ii) enter
into such agreements as Nutracell & NutracellLabs.com shall reasonably require
in relation to the cross border migration of personal data.
15.3.
You shall indemnify and keep Nutracell & NutracellLabs.com fully indemnified
against any and all liability, loss, damage, costs (including legal costs) and
expenses which Nutracell & NutracellLabs.com, or any Nutracell & NutracellLabs.com
affiliate may incur or suffer whether direct or consequential (including without
limitation any economic loss or other loss of profits, business or goodwill)
as a result of any breach of Section 15.2.
15.4.
WHEN YOU SUBMIT PERSONAL DATA TO Nutracell & NutracellLabs.com ON THE WEBSITE
OR WHEN REGISTERING FOR THE WEBSITE, Nutracell & NutracellLabs.com MAY TRANSFER
AND/OR RETAIN THE PERSONAL DATA YOU SUBMITTED TO A COUNTRY OUTSIDE THE COUNTRY
IN WHICH YOU ARE LOCATED OR FROM WHERE SUCH PERSONAL DATA WAS COLLECTED, WHICH
MAY NOT HAVE THE SAME OR EQUIVALENT DATA PRIVACY PROTECTIONS. IF YOU DO NOT
APPROVE OF SUCH TRANSFER AND/OR RETENTION, DO NOT SUBMIT PERSONAL DATA TO Nutracell
& NutracellLabs.com.
15.5.
BY AGREEING TO THESE COU, YOU ARE AGREEING THAT Nutracell & NutracellLabs.com
MAY SHARE YOUR PERSONAL DATA AND OTHER INFORMATION (WITH THE EXCEPTION OF ACCOUNT,
CREDIT CARD AND ORDERING INFORMATION) WITH THIRD PARTIES IN CASES WHERE Nutracell
& NutracellLabs.com BELIEVES YOUR BUSINESS INTERESTS WILL BE SERVED. IF
YOU DO NOT APPROVE OF Nutracell & NutracellLabs.com SHARING YOUR PERSONAL
DATA AND OTHER INFORMATION IN SUCH A FASHION, DO NOT USE Nutracell & NutracellLabs.com
WEB SITES.
16.
Accuracy. WHILE Nutracell & NutracellLabs.com ATTEMPTS TO PROVIDE
ACCURATE INFORMATION ON THE WEB SITE, IT ASSUMES NO RESPONSIBILITY FOR THE ACCURACY
OF THE INFORMATION. Nutracell & NutracellLabs.com MAY CHANGE THE INFORMATION
ON THE WEB SITE, OR THE PRODUCTS MENTIONED, AT ANY TIME WITHOUT NOTICE. MATERIAL
ON THE WEB SITE AND THE WEB SITE ITSELF IS PROVIDED "AS IS" AND Nutracell
& NutracellLabs.com DOES NOT PROVIDE ANY WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED. Nutracell & NutracellLabs.com SPECIFICALLY DISCLAIMS ANY WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEB
SITE OR ANY CONTENT ON THE WEB SITE.
17.
Conditions of Sale. Use of this site constitutes YOUR agreement to
the Following Conditions of Sale:
|
NUTRACELL
AND NUTRACELLLABS.COM [NUTRACELL] Terms And Conditions of Sale
PLEASE
READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY.
THE
TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY
ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY
DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND
REJECTION OF THEM IS HEREBY GIVEN.
BY
ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN NUTRACELL
AND NUTRACELLLABS.COM’S INVOICE OR OTHER NUTRACELL AND NUTRACELLLABS.COM
DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS
AND CONDITIONS OF SALE UNLESS CUSTOMER AND NUTRACELL AND NUTRACELLLABS.COM
HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT
WILL GOVERN.
Important Information About These Terms and Conditions of Sale
These terms and conditions of sale constitute a binding contract between
Customer and NUTRACELL AND NUTRACELLLABS.COM. Customer accepts these terms
and conditions of sale by making a purchase, placing an order or otherwise
shopping on the NUTRACELL AND NUTRACELLLABS.COM Website [Site]. These
terms and conditions of sale are subject to change without prior notice,
except that the terms and conditions of sale posted on the Site at the
time Customer initially places or modifies an order will govern the order
in question.
These
terms and conditions of sale constitute the entire agreement between Customer
and NUTRACELL AND NUTRACELLLABS.COM relating to the terms and conditions
of sale of products and services on the Site. Customer consents to receiving
electronic records, which may be provided via a Web browser or e-mail
application connected to the Internet; individual consumers may withdraw
consent to receiving electronic records or have the record provided in
non-electronic form by contacting NUTRACELL AND NUTRACELLLABS.COM at the
address provided below.
Customer
may issue a purchase order for administrative purposes only. Additional
or different terms and conditions contained in any such purchase order
will be null and void. Customer agrees that the terms and conditions of
sale contained herein and in the NUTRACELL AND NUTRACELLLABS.COM invoice(s)
or other documentation will control. No course of prior dealings between
the parties and no usage of trade will be relevant to determine the meaning
of these terms and conditions of sale or any purchase order or invoice
related thereto.
Governing
Law
THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE GOVERNED
BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAWS
RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL
BE BROUGHT IN NEW YORK COUNTY, NEW YORK AND CUSTOMER CONSENTS TO THE JURISDICTION
OF THE FEDERAL AND STATE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK AND
SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE.
CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY
ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.
Title
& Risk of Loss
If Customer provides NUTRACELL AND NUTRACELLLABS.COM with Customer’s
carrier account number or selects a carrier other than a carrier that
regularly ships for NUTRACELL AND NUTRACELLLABS.COM, title to products
and risk of loss or damage during shipment passes from NUTRACELL AND NUTRACELLLABS.COM
to Customer upon shipment from NUTRACELL AND NUTRACELLLABS.COM’s
facility. For all other shipments, title to products and risk of loss
or damage during shipment passes from NUTRACELL AND NUTRACELLLABS.COM
to Customer upon receipt by Customer. Title to software will remain with
the applicable licensor(s). NUTRACELL AND NUTRACELLLABS.COM retains a
security interest in the products until payment in full is received. Customer
will be responsible for all shipping and related charges.
Export
Sales
If this transaction involves an export under the Export Administration
Regulations, the commodities, technology and/or software sold or distributed
under these terms and conditions of sale exported from the United States
by NUTRACELL AND NUTRACELLLABS.COM were exported in accordance with the
Export Administration Regulations. Diversion, use, export or re-export
contrary to United States law is prohibited. The commodities, technology
and/or software sold or distributed under these terms and conditions of
sale may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan,
North Korea or Syria or to entities and persons that are ineligible under
United States law to receive United States commodities, technology and/or
software. In addition, manufacturer warranties for exported products may
vary or may be null and void for products exported outside the United
States.
Warranties
Customer understands that NUTRACELL AND NUTRACELLLABS.COM may not necessarily
be the manufacturer of the products purchased by Customer hereunder and
the only warranties offered are those of the respective manufacturer of
each product. In purchasing products that are not manufactured by NUTRACELL
AND NUTRACELLLABS.COM, Customer is relying on the manufacturer’s
specifications only and is not relying on any statements, specifications
in brochures, photographs or other illustrations representing the products
that may be provided by NUTRACELL AND NUTRACELLLABS.COM. In connection
with services, neither affiliates of NUTRACELL AND NUTRACELLLABS.COM nor
third party service providers are agents of NUTRACELL AND NUTRACELLLABS.COM
and NUTRACELL AND NUTRACELLLABS.COM has no obligation or liability arising
from any services performed by or any warranty, if any, made by, such
service providers. NUTRACELL AND NUTRACELLLABS.COM AND ITS AFFILIATES
HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED
TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF
NUTRACELL AND NUTRACELLLABS.COM, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER
DOES NOT AFFECT THE TERMS OF THE WARRANTY PROVIDED BY THE MANUFACTURER,
IF ANY.
Internet
Disclaimer
Internet connectivity requires access services from an Internet access
provider. Contact your local access provider for details.
56K
Disclaimer
56K modems are capable of 56Kbps downloads, however, current regulations
limit download speed to 53Kbps.
Pricing
Information; Availability Disclaimer
All pricing is subject to change. NUTRACELL AND NUTRACELLLABS.COM reserves
the right to make adjustments to pricing, products and service offerings
for reasons including, but not limited to, changing market conditions,
product discontinuation, product unavailability, manufacturer price changes
and errors in advertisements. All orders are subject to product availability.
Therefore, NUTRACELL AND NUTRACELLLABS.COM cannot guarantee that it will
be able to fulfill Customer’s orders.
Limitation
of Liability
NEITHER NUTRACELL AND NUTRACELLLABS.COM NOR ITS AFFILIATES WILL 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. NEITHER NUTRACELL AND NUTRACELLLABS.COM
NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR
USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES
BY THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE
PURCHASE OF PRODUCTS OR SERVICES PROVIDED DIRECTLY BY NUTRACELL AND NUTRACELLLABS.COM
OR ITS AFFILIATES, NEITHER NUTRACELL AND NUTRACELLLABS.COM NOR ITS AFFILIATES
ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT
PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM.
NUTRACELL
AND NUTRACELLLABS.COM will not be responsible for any delays in delivery
which result from any circumstances beyond its control, including without
limitation, product unavailability, carrier delays, delays due to fire,
severe weather conditions, failure of power, labor problems, acts of war,
terrorism, general insurrection, acts of God or acts of any government
or agency.
Third
Party Services
Customer acknowledges and agrees that, in some instances, NUTRACELL AND
NUTRACELLLABS.COM, NUTRACELL AND NUTRACELLLABS.COM, and their affiliates
are resellers of services and are not the provider of those services.
In those cases, the third party service provider is the only party responsible
for providing services to Customer. In those cases, Customer will look
solely to the third party service provider for any loss, claims or damages
arising from or relating to the purchase or provision of such services.
Customer hereby releases NUTRACELL AND NUTRACELLLABS.COM, NUTRACELL AND
NUTRACELLLABS.COM Technology Services, Inc. and their affiliates from
any and all claims arising from or relating to the purchase or provision
of any such services by third party service providers. Services may be
subject to tax. All amounts, including taxes, associated with third party
services are being collected by NUTRACELL AND NUTRACELLLABS.COM on behalf
of NUTRACELL AND NUTRACELLLABS.COM Technology Services, Inc. solely in
the capacity as an independent sales agent.
Arbitration
Any claim, dispute, or controversy (whether in contract, tort or otherwise,
whether preexisting, present or future, and including statutory, common
law, intentional tort and equitable claims) arising from or relating to
the products or services sold pursuant to these terms and conditions of
sale, the interpretation or application of these terms and conditions
of sale or the breach, termination or validity thereof, the relationships
which result from these terms and conditions of sale (including, to the
full extent permitted by applicable law, relationships with third parties
who are not signatories hereto), or advertising and marketing by NUTRACELL
AND NUTRACELLLABS.COM (collectively, a “Claim”) WILL BE RESOLVED,
UPON THE ELECTION OF NUTRACELL AND NUTRACELLLABS.COM, CUSTOMER OR THIRD
PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration
is chosen, it will be conducted pursuant to the Rules of the American
Arbitration Association, with offices in Chicago, Illinois. If arbitration
is chosen by any party with respect to a Claim, neither NUTRACELL AND
NUTRACELLLABS.COM nor Customer will have the right to litigate that Claim
in court or to have a jury trial on that Claim or to engage in pre-arbitration
discovery, except as provided for in the applicable arbitration rules
or by agreement of the parties. Further, Customer will not have the right
to participate as a representative or member of any class of claimants
pertaining to any Claim. Notwithstanding any choice of law provision included
in these terms and conditions of sale, this arbitration agreement is subject
to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration
will take place in Chicago, Illinois. Any court having jurisdiction may
enter judgment on the award rendered by the arbitrator(s). Each party
will bear its own cost of any legal representation, discovery or research
required to complete arbitration. The existence or results of any arbitration
will be treated as confidential. Notwithstanding anything to the contrary
contained herein, all matters pertaining to the collection of amounts
due to NUTRACELL AND NUTRACELLLABS.COM arising out of sales hereunder
will be exclusively litigated in court rather than through arbitration.
Orders;
Payment Terms; Interest; Taxes
Orders are not binding upon NUTRACELL AND NUTRACELLLABS.COM until accepted
by NUTRACELL AND NUTRACELLLABS.COM. Terms of payment are within the sole
discretion of NUTRACELL AND NUTRACELLLABS.COM. Invoices are due and payable
within the time period specified on the invoice, measured from the date
of invoice. NUTRACELL AND NUTRACELLLABS.COM may invoice parts of an order
separately. Customer agrees to pay interest on all past-due sums at the
lower of one and one-half percent (1 1/2%) per month or at the highest
rate allowed by law. Customer is responsible for, and will indemnify and
hold NUTRACELL AND NUTRACELLLABS.COM harmless from, any applicable sales,
use or other taxes associated with the order. Customer must claim any
exemption from tax at the time of purchase and provide the necessary supporting
documentation. Any sales, use or other applicable tax is based on the
location to which the order is shipped. In the event of a payment default,
Customer will be responsible for all of NUTRACELL AND NUTRACELLLABS.COM’s
costs of collection, including court costs, filing fees and attorney’s
fees.
Return
Privileges
Please contact NUTRACELL AND NUTRACELLLABS.COM Customer Relations
at CustomerRelations@NUTRACELLLABS.COM.com,
24 hours a day, 7 days a week to obtain a Return Merchandise Authorization
(RMA) before shipping product back to NUTRACELL AND NUTRACELLLABS.COM.
This will expedite and help ensure the proper action or credit upon processing.
In order to expedite a return, please have the following information on
hand when requesting an RMA number: Customer number, invoice number, serial
number, reason for return, action to take (replacement/repair/return/credit)
and whether the box has been opened or is manufacturer sealed. Click here
to request an RMA online.
Please return all products 100% complete including all original manufacturer
boxes/containers with the UPC code and packing materials, all manuals,
blank warranty cards, accessories and any other documentation included
with the original shipment. RMA approval is contingent upon, among other
things, the products being 100% complete.
Customer is responsible for shipping charges to NUTRACELL AND NUTRACELLLABS.COM’s
distribution center for all products being shipped for return, exchange
or replacement. Products exchanged or replaced will be shipped by NUTRACELL
AND NUTRACELLLABS.COM to Customer, at NUTRACELL AND NUTRACELLLABS.COM’s
expense, using the same shipping method requested by Customer on the original
order.
Customer is responsible for all risk of loss and damage to products being
shipped for return, exchange or replacement. Please fully insure return
shipment in case of loss or damage. Please use a carrier that is able
to provide you with proof of delivery such as UPS, Federal Express or
Airborne Express. This is for your protection as well as to ensure quick
action on your return.
Return privileges may vary by manufacturer. Please contact NUTRACELL AND
NUTRACELLLABS.COM Customer Relations at CustomerRelations@NUTRACELLLABS.COM.com
for details. Thank you for your past and future business with NUTRACELL
AND NUTRACELLLABS.COM.
Failure
to return a product within the applicable return period will be deemed
to be an acceptance of the product.
Damaged
Products
If Customer receives damaged products, please refuse the products upon
original delivery attempt. If damaged products are accepted from the carrier,
such damage should be noted on the carrier delivery record. Please save
the product and the original box and packaging and notify NUTRACELL AND
NUTRACELLLABS.COM immediately to arrange for a carrier inspection and
a pick up of damaged products. Please notify NUTRACELL AND NUTRACELLLABS.COM
Customer Relations at CustomerRelations@NUTRACELLLABS.COM.com
of damaged products WITHIN THE FIRST 10 DAYS of receipt. Timely receipt
of this information is necessary for NUTRACELL AND NUTRACELLLABS.COM to
file a damage claim.
Check
Payment Policy
COD: NUTRACELL AND NUTRACELLLABS.COM will accept a cashiers check or money
order on all COD orders.
PrePay: NUTRACELL AND NUTRACELLLABS.COM will accept personal and business
checks for prepay orders. Allow 10 business days for clearing.
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This
constitutes the entire agreement between the parties with respect to the Website
and its use and supersedes all prior agreements, proposals, communications between
the parties and understandings, whether written or oral.
Contacting NUTRACELL AND NUTRACELLLABS.COM
Click here to contact
NUTRACELL AND NUTRACELLLABS.COM.
Last Update: 07/24/03 |
