I. AGREEMENT WITH DESTINATION VITAMINS, LLC
A. This Agreement is between you (hereinafter "You" or "Your") and Destination Vitamins, LLC, with a web site located at www.Destination Vitamins.com, (hereinafter "We", "Our" or "Us")
II. DESTINATION VITAMINS PRODUCT INFORMATION
A. Information and claims made about specific products on or through this site have not been evaluated by DestinationVitamins.com or the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease.
B. The information provided on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any product label or packaging. You should not use the information on this site for diagnosis or treatment of any health problem.
C. You should consult with a healthcare professional before starting any diet, exercise or supplementation program, before taking any medication. Contact Your health-care provider immediately if You suspect that You have a medical problem.
D. While we work to ensure that product information is correct, on occasion manufacturers may alter their ingredient lists. Actual product packaging and materials may contain more and/or different information than that shown on our Web site. We recommend that you do not solely rely on the information presented and that you always read labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer.
E. We assume no liability for inaccuracies or misstatements about products.
III. DESTINATION VITAMINS PURCHASES
A. You will find many products for a healthy lifestyle listed on Our website with product descriptions. Simply click on the product to view its description and click to add this item to Your shopping cart. Payment may be made by American Express, Discover, Mastercard, PayPal or Visa.
B. Other Ordering Methods: For those that prefer not to order online, you may order by phone, fax or by sending a check.
1) Phone Orders: Toll Free 1-888-416-1333
2) Fax Orders: 1-888-416-1328
Include your name, phone number, billing and shipping addresses and credit card information.
3) Check Orders:
Send your check along with the order details and your shipping information to:
9040 Town Center Pkwy
Lakewood Ranch, FL 34202
C. Reward Points for Registered Customers
Reward Points are an added bonus to your shopping experience and just one of the ways we thank you for being a loyal customer. Once you register you will be able to earn and accrue reward points, which are then redeemable at the time of purchase towards the cost of your order. For full details on Reward Points please click here
IV. RETURN POLICY
A. Satisfaction Guarantee: If you are not satisfied with a product you purchased, you may return the unused portion within 30 days of receipt for a full refund of the price of the product. We are unable to accept returns for heat-sensitive or clearance items.
B. Return Authorization: For return authorization, please contact Customer ServiceCustomer Service, or call 1-888-416-1333
C. Once you receive your return authorization you may send your return to:
9040 Town Center Pkwy
Lakewood Ranch, FL 34202
V. SHIPPING POLICIES AND RATES
A. Order Processing: Our goal is to process and ship orders on the same or next business day. When we are not able to do so, we will do our best to contact you and let you know.
B. Please see the shipping methods and delivery estimates below. Please note that the delivery times are the times in business days once the order has shipped.
C. US Shipping in the Contiguous 48 States:
1) Free Shipping is available for orders over $59.99 and for those items marked with a free shipping flag.
2) All other orders are charged a flat rate of $4.99.
3) Ships by US Postal First Class or Priority Mail or Fedex Home Delivery/Ground.
4) Usually delivers in 1-5 business days.
D. Expedited shipping methods with an additional charge:
1) Fedex Express Saver - delivers in 3 business days.
2) Fedex 2 Day - delivers in 2 business days.
3) Fedex Overnight - delivers in 1 business day.
E. Delivery times do not include weekends or holidays.
F. Shipments to HI, AK, PR, Guam, US Territories and US Military Addresses.
1) All orders are shipped by Priority Mail.
2) Flat rate of $5.99 for orders under 4 lbs.
3) For orders over 4 lbs, shipping rates are calculated based on the weight of the package.
G. International Orders: All international rates are calculated based on the weight of the items in your cart.
1) USPS First Class Package - Available for packages under 4 lbs. Usually takes 1-4 weeks, but may take longer for certain locations.
2) USPS Priority Mail International - Usually takes 1-3 weeks, but may take longer.
3) USPS Priority Mail Express International - Usually takes 5-14 business days, but may take longer.
4) Fedex International Priority - Usually takes 2-5 business days.
H. International Shipping Terms and Conditions:
1) Taxes for Import: You may be required to pay custom's fees, duties or taxes. You may also have to pay brokerage or handling fees. These are in additional to the shipping charge and will be collected from you at the time of delivery. Destination Vitamins is not responsible for these fees and has no control over them.
You are responsible to make sure that the supplements you order are allowed to be imported from the US. You may want to check with your custom's office before placing an order to review the regulations for your country. Orders which are not deliverable by UPS due to customs restrictions will be discarded and are not available for a refund.
2) Returned Packages: If an order is returned due to an incorrect address, refusal to pay customs fees, banned or restricted products, or the package was unclaimed by the recipient we will refund the product cost minus the shipping cost and a 20 % restocking fee.
3) While it rarely happens, we are unable to refund lost orders that are shipped by International Airmail.
4) UK customers: Orders going to the UK that valued at over £15 may be charged a VAT tax of around 20% by UK customs.
XI. USER NAME AND PASSWORDS
A. You hereby agree that You are responsible for all actions taken under Your User Name and Password.
B. Please remember it is Your responsibility to keep this data secure and You hereby agree that We are not liable for any loss or damage arising from Your failure to keep Your password secure.
C. You agree to immediately notify Us of any unauthorized use of Your password or any breach of security.
We hereby claim Destination Vitamins™, destinationvitamins.com™ and the Destination Vitamins Logo to be trademarks of Our Company.
As indicated by the notice on the bottom of Our Home Page, We claim a copyright to the contents of this website.
X. COMMUNITY GUIDELINES
You understand and agree that You will not:
1. Use Our website to post, upload or transmit any content that is patently offensive, vulgar, unlawful, threatening, defamatory, abusive, tortuous, obscene, libelous, illegal, hateful, harmful, harasses or advocates harassment of another person, invasive of another person’s privacy, exploitive of people in a sexual or violent manner, racially, ethnically or otherwise objectionable or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
2. Impersonate another person;
3. Stalk or otherwise harass another; or harm a minor in any way.
4. Promote commercial activities and/or sales such as contests, sweepstakes, barter, or advertising except as provided by the functionality of the site.
5. Post, upload or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, unsolicited mass mailing, chain letters, or pyramid schemes.
6. Promote an illegal or unauthorized copy of another person’s copyrighted work.
7. Upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
8. Use software that automatically creates user identities.
9. Intentionally or unintentionally violate any applicable local, state, national or international law.
10. Post inaccurate or misleading information.
11. Solicit money from any poster.
You understand and agree that You are solely responsible for Your interactions with other visitors and that We reserve the right, but have no obligation, to monitor disputes between You and other visitors. Finally, We may delete data and posts which violate this Agreement; or delete data for any reason or for no reason based on Our sole discretion.
OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY US IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY US WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OFFERED BY US OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED BY US. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY US IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH US OR FROM ANY SERVICE OFFERED BY US OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY US. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH ANY SERVICE OFFERED BY US, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
XII. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PHYSICAL INJURY OR DEATH, RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OR GOODS OFFERED BY US, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY US, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF ANY SERVICE OFFERED BY US. IF YOU ARE DISSATISFIED WITH ANY SERVICE OFFERED BY US YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE WITHOUT REFUND OF ANY KIND WHATSOEVER.
You hereby warrant that You will not use the information provided by Us in violation of any State or Federal law. Further, You agree to indemnify, defend, and hold Us harmless, as well as holding harmless Our parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by Us or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of Federal or State Law, patent infringement or plagiarism. We may, at Our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by Us, however, shall not excuse any of Your indemnity obligations.
XIV. DIGITAL MILLENNIUM COPYRIGHT ACT
As provided for in the Digital Millennium Copyright Act; if You feel any content on this website violates Your copyrights please contact Our designated agent:
Andrew M. Jaffe, Attorney at Law
2375 Covington Rd. Suite 315
Akron, OH 44313-4358
by email or regular U.S. mail with the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.
5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Once We have received Your complaint We will:
1. Remove or disable the identified infringing material (but maintain a copy for later use);
2. Promptly notify the subscriber with a copy to the complaining party that We have removed or disabled access to the material; and
3. We will inform the subscriber that they may submit a counter-notification regarding the claimed infringing material.
Counter Notification - To be effective under this subsection, a counter notification must be a written communication provided to the service provider's designated agent by email or regular U.S. mail that includes substantially the following:
1) A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the subscriber’s address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the counter notification or an agent of such person.
Upon receipt of a counter notification We will promptly provide the complaining party with a copy of the counter notification, and inform that person that We will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless Our designated agent first receives notice from the person who submitted the notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider's system or network.
XV. FORCE MAJEURE
We shall not be liable for delays or nonperformance of this Agreement caused by strike, fire or accidents, nor shall We be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any other cause beyond Our control.
You may not assign the rights or obligations under this Agreement.
XVII. INTENDED FOR USERS OVER 18
Our services are available and may only be used by individuals who are 18 years of age and older who can form legally binding contracts under applicable law. You represent and warrant that You are at least 18 years old and that all registration information You submit is accurate and truthful. You agree to comply with all local laws regarding online conduct and acceptable content.
In the event of a dispute, You agree to attempt to resolve the dispute by contacting Us firstname.lastname@example.org prior to taking any other action. Failure to contact Us to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You. Any controversy or claim arising out of or relating to this contract, or the breach thereof, or any other disagreement between the Parties shall be settled according to Florida law in Sarasota County, Florida by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If you wish to pursue arbitration, We will pay one-half the filing fee at the time of filing, subject to the arbitrator's final decision on the costs of arbitration.
If any provision, or portion thereof, of this Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, You and We agree that such invalidity shall not affect the validity of the remaining portions of this Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.
The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.
XXI. ENTIRE AGREEMENT
Except as modified or supplemented by a writing executed by both parties, the Terms and Conditions described herein are the only representations, warranties, and understandings between the Parties with respect to the products and/or services described herein.
XXII. CONTACT US
B. You may contact us at:
9040 Town Center Pkwy
Lakewood Ranch, Florida 34202
XXIII. AGREEMENT UPDATES