Terms of service
TERMS AND CONDITIONS
The websites, www.wellsupplements.shop (the “Site”) is owned and operated by Wellsupplements LLC (“COMPANY” “we” or “us”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, our Refund Policy, all applicable laws and regulations, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.
Intellectual Property Rights
Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal non-commercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to COMPANY from their creation. Thus, COMPANY shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as COMPANY determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to COMPANY all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co- owned by us.
You acknowledge that COMPANY has the right but not the obligation to use and display any postings or contributions of any kind and that COMPANY may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
Online Commerce
From time-to-time, we may recommend, promote or introduce you to products, services and/or offers made by third-parties. In the spirit of full transparency, we may derive commissions from such sales or offers. Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent
policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services.
For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that COMPANY shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Return Policy
We stand behind our products 100%, and your complete satisfaction is our goal. If you experience any fulfillment, shipping, or quality issues with an order, such as an incomplete or incorrect order, or if any damage occurred during shipping, please contact us within five business days to begin the return process. No other product returns are accepted. In order to receive a credit for a returned product, you must notify and get approval from one of our customer service representatives within five business days of receiving the order. Please contact us before shipping any product back for a return, as we will not accept any returns without prior authorization.
To receive credit for returned product(s), you must:
- Notify Customer Service within five business days of receiving the order to report the error or issue.
- Ensure that any products remain un-opened, un-marked, and in a sellable condition unless damaged in shipment.
Shipping and Delivery
Domestic Orders
We endeavor to ship all domestic orders within 3-5 days of receipt. Shipping charges are
calculated based on the speed of the shipping option you choose, plus the weight of the items. To
reflect the policies of the shipping companies we use, all weights are rounded up to the next full
pound. On rare occasions, the actual shipping and handling charge may differ slightly from the
quoted charge.
International Orders
Please note all international orders are final sale and once the products have left our warehouse,
there are no refunds and no returns. Since we cannot guarantee that each country will deliver the
items as expected, each customer agrees that Wellsupplements, LLC and shipping partners are
not liable for any orders that may be lost, stolen, damaged, held in customs or any other events
that may result in the package not being delivered.. International orders may be subject to
additional duty/customs at the time of delivery. The customer is responsible for these additional
charges. We cannot determine this cost in advance as these are set individually by each country.
Disclaimer of Warranty
Information on this Web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Wellsupplements, LLC may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. Wellsupplements, LLC assumes no responsibility regarding the accuracy of the information that is procvided by Wellsupplements, LLC and use of such information is at the recipient’s own risk. Wellsupplements, LLC provides no assurances that any reported problems may be resolved with the use of any information that Wellsupplements, LLC provides.
Information Wellsupplements, LLC publishes on the World Wide Web may contain references or cross references to Wellsupplements, LLC products, programs and services that are not announced or available in your country. Such references do not imply that Wellsupplements, LLC intends to announce such products, programs or services in your country. The contents of this site are provided “as is” without warranty of any kind, either expressed or implied,
including but not limited to warranties of merchantability, fitness for a purpose and non-infringement. The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called “Providers”, assume no responsibility for errors or omissions in these contents.
The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages.
The Providers cannot assume any obligation or responsibility. The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
IN NO EVENT WILL WELLSUPPLEMENTS, LLC BE LIABLE TO ANY PARTY FOR ANY DIRECT,
INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR
ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR
INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES ALL INFORMATION IS PROVIDED BY WELLSUPPLEMENTS, LLC ON AN “AS IS” BASIS ONLY. WELLSUPPLEMENTS, LLC PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
Wellsupplements, LLC may at any time revise these terms by updating this posting. By using this web site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.
Our Rights
We reserve the right to:
1. modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.
2. Change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
3. We will use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
4. Review. WE DO NOT AND CANNOT REVIEW ALL COMMUNICATIONS AND MATERIALS POSTED
OR UPLOADED TO THIS SERVICE AND WE ARE NOT RESPONSIBLE FOR THE CONTENT OF THESE
COMMUNICATIONS AND MATERIALS. HOWEVER, WE RESERVES THE RIGHT TO BLOCK OR
REMOVE COMMUNICATIONS OR MATERIALS THAT IT DETERMINES TO BE (A) ABUSIVE,
DEFAMATORY, OR OBSCENE, (B) FRAUDULENT, DECEPTIVE, OR MISLEADING, (C) IN VIOLATION
OF A COPYRIGHT, TRADEMARK OR; OTHER INTELLECTUAL PROPERTY RIGHT OF ANOTHER OR
(D) OFFENSIVE OR OTHERWISE UNACCEPTABLE AT OUR SOLE DISCRETION. ANY MESSAGES,
ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD
NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
5. Testimonials:
Due to governmental restrictions, we regret that we cannot accept reviews that include a medical or
disease claim for a supplement. When writing your review, please consider the following guidelines:
a. Focus on the product and your individual experience using it Provide details about why you liked or disliked a product.
b. We reserve the right not to post your review if it contains any of the following types of content or violates other guidelines:
i. Medical or disease claims for supplements.
ii. These types of statements require express approval from the FDA. For example, you can say that a supplement did or did not help maintain your “cardiovascular health,” but you cannot say that it did or did not lessen your “angina,” because angina is classified as a disease.
iii. Obscenities, discriminatory language, or other language not suitable for a public forum.
iv. Advertisements, “spam” content, or references to other products, offers, or websites Email addresses, URLs, phone numbers, physical addresses or other forms of contact information.
v. Critical or spiteful comments on other reviews posted on the page or their authors.
Dispute Resolution:
These Terms of Use shall be governed by and construed in accordance with the laws of the State of
Connecticut and any dispute shall be subject to binding arbitration in Trumbull, CT. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Class Action Waiver
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of
the arbitration.
Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
Miscellaneous
These Terms of Service, together with the Privacy Policy, contain the entire agreement of the parties, and supersedes any and all oral negotiations and/or representations of the parties hereto made in relation to this transaction. This agreement neither confers nor creates any rights or responsibilities not specifically enumerated herein. Any waiver or forbearance by the COMPANY of any breach by you of any provision of this Agreement shall not be construed as a waiver of any subsequent breach by you.
This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of COMPANY Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any affiliated entity or any of itswholly owned subsidiaries.