Terms and Conditions
The Terms and Conditions of this site are clearly explained below. By accessing the website or placing an order, you agree to the following Terms and Conditions. If you do not agree, you may not access or use this website.
No part of this site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer, and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you, indicating that your order has been fulfilled and is on its way.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
|"Account"||means collectively the personal information, payment information, and credentials used by users to access paid content and/or any communications system on the website;|
|"Carrier"||means any third party responsible for transporting purchased goods from our premises to customers;|
|"Content"||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this website;|
|"Goods"||means any products that Vita Balance Inc advertises and/or makes available for sale through this website;|
|"Service"||means collectively any online facilities, tools, services or information that Vita Balance Inc makes available through the website either now or in the future;|
|"Payment Information"||means any details required for the purchase of goods from this website. This includes, but is not limited to, credit/debit card numbers, bank account numbers, and sort codes;|
|"Purchase Information"||means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;|
|"System"||means any online communications infrastructure that Vita Balance Inc makes available through the website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;|
|"User" / "Users"||means any third party that accesses the website and is not employed by Vita Balance Inc and acting in the course of their employment; and|
|"Web Site"||means the website that you are currently using and any sub-domains of this site unless expressly excluded by their own terms and conditions.|
2. Age Restrictions
Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. International Customers
If Goods are being ordered from outside Vita Balance Inc country of residence, import duties and taxes may be incurred once your Goods reach their destination. Vita Balance Inc is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Vita Balance Inc cannot guarantee that the packaging of your Goods will be free of signs of tampering.
4. Intellectual Property
4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code, and software is the property of Vita Balance Inc. By continuing to use the Web Site you acknowledge that such material is protected by applicable United States and International intellectual property and other laws.
4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Vita Balance Inc.
5. Third Party Intellectual Property
5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any there is no direct conflict with any articles of the U.S. Patents Act (Designs) or in accordance to rights to trademarks granted through the USPTO.
7. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Vita Balance Inc or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
8. Use of Communications Facilities
8.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
8.1.1 You must not use obscene or vulgar language;
8.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
8.1.3 You must not submit Content that is intended to promote or incite violence;
8.1.5 You must not impersonate other people, particularly employees and representatives of Vita Balance Inc or our affiliates, or associated companies; and
8.1.6 You must not use our System for unauthorized mass-communication such as "spam" or "junk mail".
8.2 You acknowledge that Vita Balance Inc reserves the right to monitor any and all communications made to us or using our System.
9.1 In order to purchase Goods on this Web Site and to use the facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:
9.1.1 all information you submit is accurate and truthful;
9.1.2 you have permission to submit Payment Information where permission may be required; and
9.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
9.2 It is recommended that you do not share your Account details, particularly your username and password. Vita Balance Inc accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your Internet browser.
9.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Vita Balance Inc immediately to suspend your Account and cancel any unauthorized purchases that may be pending. Please be aware that purchases can only be canceled until they are dispatched. In the event that an unauthorized purchase is dispatched prior to your notifying us of the unauthorized nature of the purchase, Vita Balance Inc accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
8.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
10. Termination and Cancellation
10.1 Either Vita Balance Inc or you may terminate your Account. If Vita Balance Inc terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
10.2 If Vita Balance Inc terminates your Account, any current or pending purchases on your Account will not be canceled and will be dispatched. Vita Balance Inc reserves the right to refuse to dispatch any current pending purchase(s) at their sole discretion.
10.3 Vita Balance Inc reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
10.4 If purchases are canceled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
10.5 If you terminate your Account any non-dispatched purchases will be canceled and you will be refunded any monies paid in relation to those purchases.
11. Goods, Pricing and Availability
11.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Vita Balance Inc correspond to the actual Goods, Vita Balance Inc is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 14.1 for incorrect Goods.
11.2 Vita Balance Inc does not represent or warrant that such Goods will be available. Stock indications are not provided on the Web Site. If an item is out of stock it will be marked out of stock and a notification will appear on the site as soon as we are aware that the product is no longer in stock.
11.3 All pricing information on the Web Site is correct at the time of going online. Vita Balance Inc reserves the right to change prices and alter or remove any special offers from time to time and as necessary. We reserve the right to update and amend all pricing information at our sole discretion.
11.4 The payment will be taken in USD for all our customers. Payment will be taken for the value of the product at the time that the order was placed.
1.5 All prices on the Web Site are subject to relevant jurisdiction taxation.
12.1 Vita Balance Inc will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
12.2 Deliveries within the USA may take between 3-5 business days and deliveries outside the USA may take between 7-22 business days. Please note that these delivery times are only estimates and may vary from time to time as a result of factors that may or may not be within our control.
12.3 If Vita Balance Inc does not receive any communication from you, within 7 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
11.4 You warrant that you are bound to the terms and conditions of our carrier service.
13. Returns Policy
Vita Balance Inc aims to always provide high quality Goods that are fault free and undamaged. On occasion, however, goods may need to be returned. Returns are governed by these Terms and Conditions.
13.1 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 30 days to arrange return. Vita Balance Inc is responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
13.2 If any Goods you have purchased have faults when they are delivered to you, you should contact Vita Balance Inc within 30 days to arrange a return. Vita Balance Inc is responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
13.3 If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty. We will not refund you for these items.
13.4 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to Vita Balance Inc within 30 days and arrange a return. Vita Balance Inc is responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
13.5 You have a statutory right to a "cooling off" period. This period begins once your order is complete and ends 7 days after the Goods have been delivered. If you change your mind about the goods within this period, please return them to Vita Balance Inc within 30 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of Vita Balance Inc You are responsible for paying shipment costs if Goods are returned for this reason. Vita Balance Inc will not be responsible for any bank charges incurred or debited from your account as a result of your purchase.
13.6 If you wish to return Goods to Vita Balance Inc for any of the above reasons, please contact us using the details on our contact us page to make the appropriate arrangements.
13.7 Vita Balance Inc reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
13.7.1 Any use or enjoyment that you may have already had out of the Goods;
13.7.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
13.7.3 The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
13.7.4 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
13.8 Vita Balance Inc may, at our sole discretion, allow returns of unopened, undamaged Goods within 5 months of the purchase date. If you wish to return Goods within this period, please contact us using the details on our contact us page to request such an allowance. Vita Balance Inc can make no guarantee of the method of refund or amount to be refunded. Vita Balance reserves the right to reject such a return request.
Such discretion to be exercised only within the confines of the law.
15.1 Vita Balance Inc makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
15.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
15.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
16. Changes to the Service and these Terms and Conditions
Vita Balance Inc reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If Vita Balance Inc is required to make any changes to Terms and Conditions relating to the sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
17. Availability of the Web Site
The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Vita Balance Inc accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
18. Limitation of Liability
18.1 Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Vita Balance Inc or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Vita Balance Inc sites, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, or accuracy of results, even if an authorized representative of Vita Balance Inc has been advised of or should have known of the possibility of such damages.
You agree to defend, indemnify, and hold harmless Vita Balance Inc and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Vita Balance Inc sites or any breach by you of this agreement.
18.2 Whilst every effort has been made to ensure that these terms and conditions adhere strictly to United States Federal and Individual State contract law, in the event that any of these terms are found to invoke a Lack of Capacity, Duress, Undue Influence, Misrepresentation, Nondisclosure, Unconscionability, Public Policy, Mistake, Impossibility or are unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
19. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
20. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices/communications shall be given to us either by post to our Premises or by email. Please see our contact us page for more information. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
22. Internationally Binding Arbitration
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration subject to United States Federal Law and to the laws of the State of Virginia. The number of arbitrators shall be one. The seat, or legal place, of arbitration, shall be in Richmond Virginia of the United States. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of Virginia, United States.
23. Class Action Waiver
Pursuant to the Internationally Binding Arbitration clause in the Terms and Conditions, class action lawsuits, class-wide arbitrations, private attorney general actions, and any other proceeding where someone acts in a representative capacity are not allowed. Nor are combining individual proceedings without the consent of Vita Balance Inc and all other parties.
24. Law and Jurisdiction
These terms and conditions and the relationship between you and Vita Balance Inc shall be governed by and construed in accordance with the laws of the State of Virginia in the United Sates and you agree to submit to the exclusive jurisdiction of the Courts of Virginia in the United States.