Terms of Sale
Effective Date: 28 August 2023
PLEASE READ THESE TERMS OF SALE CAREFULLY BECAUSE THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND VITAMIN WELL LLC, INCLUDING ITS SUBSIDIARIES AND AFFILIATES (“COMPANY”). By accessing any area of this site, users (“users” or “you”) agree to be legally bound without limitation, qualification, or change and to abide by these Terms of Sale, which will constitute our agreement (“Agreement”). THE TERMS OF SALE INCLUDE PROVISIONS FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
THESE TERMS OF SALE INCLUDE AN AGREEMENT TO MANDATORY INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THIS SITE, THE USE OF COMPANY SERVICES, PURCHASE OF PRODUCTS, OR THESE TERMS OF SALE TO BINDING ARBITRATION RATHER THAN PROCEEDING IN COURT. YOU MAY OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT ONLY BY FOLLOWING THE PROCEDURES BELOW. THESE TERMS ALSO INCLUDE A JURY WAIVER.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS SITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE, ACKNOWLEDGE HAVING READ OUR PRIVACY STATEMENT FOUND HERE AND REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD.
Company urge you to carefully review these Terms of Sale as they contain the legal terms and conditions that govern the purchase and sale of products and services through shop.nocco.com (“Site”).
By using the Site and by clicking to accept or agree to the Terms of Sale when this option is made available to you, you accept and agree to be bound and abide by these Terms of Sale.
1. ORDER ACCEPTANCE AND CANCELLATION
You agree that your order is an offer to buy, under these Terms of Sale, all products and services listed in your order. After having received your order, Company will send you a confirmation email with your order number and details of the items you have ordered. Order fulfillment is subject to product availability.
While Company cannot guarantee requests for changes or cancellations once you submit your order on the Site, please contact Company Customer Service at email@example.com for assistance if you want to request cancellation or changes to your order.
Company reserves the right to refuse any order placed on this Site or limit or cancel quantities purchased per person, per household, or per order including without limitation orders placed under the same customer account, credit card or using the same billing and/or shipping address.
2. PRICES AND PAYMENT TERMS
All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. The amount of tax charged on your order will depend on the item purchased and the destination of the shipment. Certain items may be exempt from sales tax, depending on state and local laws. The sales tax actually charged will be calculated when your order is shipped and will reflect applicable state and local taxes. If an item is subject to sales tax in the state to which the order is shipped, tax is generally calculated on the total selling price of each individual item, which can include shipping and handling fees. Company aims to present all information on the Site accurately, however, it cannot warrant or guarantee accuracy and it is not responsible if product descriptions, specifications, or pricing on the Site is not current or error-free. Company reserves the right to refuse or cancel any order placed on this Site with incorrect or incomplete product description, specifications, or pricing.
Company may share current information about product promotions, sales or discount code offers through site updates, social media, or via e-mail.
We accept Visa, Visa Electron, ELO – Brazil, Mastercard, Discover and American Express for all purchases. You represent and warrant that (i) the payment card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment card for the purchase, (iii) charges incurred by you will be honored by your payment card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. By submitting your payment information, you authorize Company, and any third party collecting this information on Company’s behalf, to provide your information to third parties to facilitate your requested transaction.
3. SHIPMENTS AND DELIVERY
Company will arrange for shipment of the products to you. Company is currently only offering shipping to the conterminous US. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
You are solely responsible for providing us with a correct and accessible shipping address during the order checkout process. Company is not liable if the delivery address provided to the Site is incorrect or if you fail to collect the order shipment from the delivery address provided to the Site. Title to, and the risk of loss of, the products or services ordered transfers to you upon delivery to the delivery address provided to the Site.
4. RETURNS AND REFUNDS
If you are not satisfied with your purchase, please contact us at firstname.lastname@example.org within 30 days of receiving your order. Due to the nature of our products, we handle returns on a case by case basis.
5. ERRORS, WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
We strive to provide accurate information. But we do not warrant or guarantee that product descriptions or pricing on our Site is accurate, reliable, current, or error-free. Always read the label on any product before using it.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OUR SERVICES AND ALL INFORMATION, CONTENT, PRODUCTS, AND MATERIALS INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH OUR SITE ARE PROVIDED BY COMPANY ON AN “AS IS”, “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITES INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
6. GOVERNING LAW AND VENUE
You agree to give Company an opportunity to resolve any problem, dispute or claim relating in any way to the Site or any of its related applications or products/services, including any dealings with Company, our marketing and customer service agents, or the performance of any services or products offered through the Site or any representations from Company (each a “Claim” and collectively “Claims”). You must send Company a written notice of the Claim by email to email@example.com with the subject line: “Terms of Sale – Dispute Notice.” You and Company each agree to negotiate your Claim in good faith. If Company cannot resolve your Claim within 60 days of receiving your notice at this address, you may pursue your Claim as explained in this section.
The Terms of Sale and the provision of our services or products will be governed and interpreted pursuant to the laws of the State of Delaware, without reference to Delaware conflict of law rules. With respect to any disputes or Claims not subject to arbitration, as set forth in this section, you and Company agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles, California.
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through binding arbitration instead of court trials and class actions. This arbitration clause will survive termination of these Terms of Sale.
This provision is intended to be given the broadest interpretation and application to encompass all disputes or Claims arising out of or relating to your relationship with Company, including the use of the Site, products, services and any other interactions with us. As set forth above, if Company are unsuccessful in resolving your Claim following 60 days after our receipt of your written notice to the appropriate address, any dispute or Claim arising out of or relating to your relationship with Company or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take Claims to small claims court if they qualify for hearing by such a court.
Notwithstanding the above, you may opt out of this binding arbitration provision within 30 days after this section comes into effect (the “Opt Out Deadline”). This will be the earliest of (a) the date you first used the Site, (b) the date you first used Company’s services or (c) the date you started a relationship with Company. You may opt out of these arbitration procedures by sending us a written notice by email to firstname.lastname@example.org with the subject line: “Arbitration –Opt-Out Notice”.
Company must receive your opt out notice no later than 3 days after the Opt Out Deadline for it to be valid. You agree that you must pursue any Claim in arbitration or small claims court if Company does not receive an opt-out notice from you, or if Company receives an opt-out notice from you more than 3 days after the Opt Out Deadline.
For all Claims, whether pursued in arbitration or small claims court, it is a condition precedent that you must first send a written description of your Claim to Company as set forth above to allow us an opportunity to resolve the dispute.
The arbitration of any dispute or Claim will be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this section. The AAA Rules and information about arbitration and fees are available online at www.adr.org. To the extent of any inconsistency, this section will supersede and govern over the AAA Rules.
You and Company agree that this section evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award any relief to either party that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your Claim, as well as afford public injunctive relief where such remedies are permitted and cannot be waived by applicable law.
Any arbitration will be confidential, and neither you nor Company may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
Company agrees that Company will pay all filing, administration and arbitrator fees other than the initial filing fee that you must pay to file the initial arbitration demand, and if your Claim is for less than $1,000 Company will reimburse you for the filing fee if you provide a written request for reimbursement with evidence of insufficient funds to pay the fee yourself. Otherwise, you and Company will each bear the fees and expense of respective attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration.
In addition to the above, you and Company each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action, provided that, and for the avoidance of all doubt, you will be permitted to seek injunctive relief as described below. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, this arbitration section will be void as to you. If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above.
Notwithstanding the above Terms of Sale, nothing in this section will be construed to waive any right you have under applicable law to pursue a Claim for injunctive relief with the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public. Any such public injunctive relief Claims are preserved and will be subject to arbitration. To the extent permitted by applicable law, any determination of the extent to which your Claims qualify as seeking public injunctive relief will be heard and decided by the arbitrator. If for any reason a Claim proceeds in court rather than through arbitration, you and Company each waive any right to a jury trial.
8. NO WAIVER
No waiver of any term of these Terms of Sale shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under the Terms of Sale shall not constitute a waiver of such right or provision.
If any part of these Terms of Sale is unlawful, void, or unenforceable, solely that part, to the minimum extent possible, will be deemed severable, and will not affect the validity or enforceability of any remaining provisions. Specific services, promotions and sections of this Site may include additional terms and requirements, and those additional terms and requirements will supplement these Terms of Sale with respect to the items to which they apply. Company may revise or modify this Site, these Terms of Sale, products, product information or pricing without notice.
10. ENFORCEMENT AND SEVERABILITY
The failure of Company to enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized Company representative. Except as expressly set forth in these Terms of Sale, the exercise by either party of any of its remedies under these Terms of Sale will be without prejudice to its other remedies under these Terms of Sale or otherwise. If any term or condition in these Terms of Sale is deemed invalid, void, or unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
The Site is operated by Vitamin Well LLC located at c/o Corporation Service Company, 251 Little Falls Drive, Wilmington, New Castle County, Delaware 19808, United States.
Any feedback, comments, requests for customer service, and other communications related to the Site should be sent to: email@example.com.