Terms & Conditions
GENERAL CONDITIONS OF SALE
Each order placed with CELLTRIENT™ or any of its affiliated companies shall be governed by the present General Conditions of Sales. Unless otherwise provided in the present General Conditions of Sales, they shall apply to the exclusion of all other conditions. By placing an order on the Website, you agree to be bound by these General Conditions of Sale and the Privacy Notice. Our General Conditions of Sales may be modified from time to time by posting a new dated version on this Website. You are invited to read our General Conditions of Sales on a regular basis to be informed of these modifications. You will be subject to the General Conditions of Sales in force at the time you order from us, unless any change is required to be made to these by law or governmental authority (in which case it may apply to orders previously placed by you). You may exercise your right to cancel if you are not happy with the changes as they apply to your order. Any order placed through this Website can only be delivered to the US and Canada. We regret that we cannot deliver elsewhere.
1.1. PRICES AND PAYMENT
Sales Tax, where applicable, will be added to your order at checkout. The prices payable for the items you order are those displayed on this Website on the date you place your order, these are inclusive of VAT but exclusive of delivery charges. Delivery charges, when applicable, will be billed at the rates indicated on the Website on the date you place your order, calculated in accordance with the size of the order and the delivery method you select. You will be advised of the delivery charges applicable to your order during the checkout process and before you place your order. The price of a product and delivery costs displayed on the Website and confirmed in your order confirmation will normally be honoured. CELLTRIENT™ reserves the right to modify the prices of its products in the future at any time and without notice. The modifications of prices will not apply to orders of products already confirmed by CELLTRIENT™.
In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order, we are not required to sell the products to you at the price shown. We always try and ensure that the prices of products shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the products that you have ordered, we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
You hereby confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment within 48 hours. In the event that the payment is still unsuccessful, we will give you at least 48 hours’ notice in advance of any further reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order in advance.
If you are purchasing for shipment to Canada:
Your order may be subject to taxes, customs duties, and fees levied by Canada. By placing your order on our website, you acknowledge that the order will be delivered and made available to you upon being shipped from our distribution facility. You further acknowledge and agree that title to the goods transfers to you in the United States, and that the goods are sold to you on the basis of CPT First Carrier in the United States, Incoterms® 2020, unless provided otherwise and that, without limiting the generality of the foregoing, delivery and risk of loss transfer to you (or your designated consignee) in the United States. As a result, you will be responsible for importing the goods in your order as the importer of record. As such, you will be responsible for the payment of any taxes, customs duties and fees that are levied as a result of the importation of the goods, and for compliance with all applicable laws and regulations relating to the importation of the goods in your order. You acknowledge and agree that you are importing the goods for personal use and that this will be reflected on the customs documentation. You also acknowledge that cross-border shipments are subject to opening and inspection by the Canada Border Services Agency.
You hereby authorize CELLTRIENT™ to (i) appoint a customs broker to be your true and lawful attorney and to act on your behalf with respect to all aspects of the import, accounting, export, and refund process respecting the imported goods; and (ii) provide order, shipment, and product information to the customs broker. You acknowledge and agree that such information may be communicated by the customs broker to the Canada Border Services Agency (CBSA) in order to facilitate customs clearance and compliance with applicable laws and regulations. You hereby authorize the customs broker to act as your agent, transact business with the CBSA, obtain release of your merchandise, account for duties and taxes, control the return of merchandise to CELLTRIENT™, and electronically submit refund claims on your behalf. The customs broker will invoice you for any taxes, customs duties or other fees applicable on the importation of the goods, and you agree to pay any such amounts billed to you.
Products ship from the United States. If you are located in Canada, you are the importer of record of the products. The importation of more than a 90 days’ supply of some dietary supplements in a single order may be prohibited. When importing products to Canada, you are responsible for verifying compliance with Health Canada's import policies before ordering. For more information on the policies of Health Canada, click here.
1.2. ORDER CONFIRMATION
All orders are subject to acceptance and availability. If the products ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order. Any orders placed by you will be treated as an offer to purchase the products from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase products on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or other account or (ii) dispatch the products to you or commence the services, whichever is the later, at which time we shall send you an e-mail confirming that the contract has been concluded (the “Dispatch Confirmation”). The contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation.
The products sold on the Website are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
1.3. REFUND/REPLACEMENT POLICY
When you receive your item, you must check it as soon as possible following receipt and always before use. You have fourteen (14) days to request a refund or replacement, which timing starts on the day after you received the item. Please follow the steps set out below.
Wrong item received: We apologise if you have received the wrong item by mistake. This is not common, and we want to resolve this as quickly as possible for you. To receive a refund or a replacement, you must contact us within 14 days from the day after you received the item and provide photographic documentation upon request.
Damaged or faulty items:Please accept our apologies if you have received an item that is damaged or faulty. We understand how frustrating this can be and want to resolve this as quickly as possible for you. If you believe that the item is faulty, please contact us. To receive a refund or replacement, you will need to tell us exactly what the fault is and we will advise what to do next, which will include providing photographic documentation.
To request a refund or report an issue: Contact us through your account via our online message centre or call us at 1-833-427-0864. Any charges for the call will be incurred by you. You must inform our customer service team of your order number and the item at issue. We will refund the original method of payment used to purchase the item. If we request that you return the item, at our discretion, we will direct next steps and arrange for shipping.
Complaints: If you are not satisfied with the way in which we have handled the replacement or refund for any item, we apologise. We want to resolve the matter. Please contact our customer service representatives through your account via our online message centre or call us at 1-833-427-0864 (U.S.). Any charges for the call will be incurred by you.
Nothing in these General Conditions of Sales excludes or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) defective products under the Consumer Protection Act 1987 or similar applicable legislation; or (iv) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
The photographs and texts illustrating and describing the products on this Website are non-contractual and for information purposes alone. To the fullest extent permitted by applicable law, CELLTRIENT™ shall not be liable in case of errors or omissions in the photographs or texts displayed on this Website. Without limiting the scope of these General Conditions of Sales and to the extent permitted by applicable law, CELLTRIENT""s liability for losses you suffer as a result of our breach of these General Conditions of Sales or our negligence shall be no greater in amount than the purchase price of the products in respect of which damages are claimed.
In the U.S., you will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. If you are purchasing for shipment to Canada, please see Canadian-specific terms above.
We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
1.5. FORCE MAJEURE
CELLTRIENT™ will make every reasonable effort to fulfil its obligations. However, CELLTRIENT™ cannot be held responsible or liable for delays or failure to deliver caused by circumstances beyond its reasonable control ("Force Majeure"). Such circumstances include, without limitation, strikes and industrial action by third parties, civil commotion, riots, wars, natural catastrophes or any others that make impracticable or impossible the production, transportation or delivery of products. In the event of a delay caused by Force Majeure, CELLTRIENT""s obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event. CELLTRIENT™ will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining product supply among customers in a fair and reasonable manner. If we cannot perform our obligations due to such an event, you may cancel your contract. To cancel, please contact us. You will have to return (at our cost) any relevant products you have already received, and we will refund the price you have paid, including delivery charges.
The Website is provided on an ""as is"" and ""as available"" basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website, we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following: incompatibility of the Website with any of your equipment, software or telecommunications links; technical problems, including errors or interruptions of the Website; unsuitability, unreliability or inaccuracy of the Website; and failure of the Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to your use of the Website.
This Site belongs to Nestlé HealthCare Nutrition. Nestlé HealthCare Nutrition or other third parties who have licensed Nestlé HealthCare Nutrition’s use own the copyright to the contents of this Site. You may download only material displayed and identified on the Site as specifically available for downloading. Such material is for non-commercial; personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text, images, audio and video without Nestlé HealthCare Nutrition’s written permission.
2.1.b. SUBMISSIONS TO THE SITE
Any non-personal information, communications or material you submit to Nestlé HealthCare Nutrition at this Site, by email, download, or otherwise (“Submission”), is non-confidential, and Nestlé HealthCare Nutrition is free to use and reproduce such Submission freely, and for any purpose. Specifically, Nestlé HealthCare Nutrition is free to use any ideas or concepts contained in any such Submission for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products. Any such use is without compensation to the person submitting. If Nestlé HealthCare Nutrition accepts your submission and specifically agrees to keep it confidential or not use it, nevertheless, Nestlé HealthCare Nutrition does not waive any rights it may have to similar or related ideas previously known to Nestlé HealthCare Nutrition or developed by its employees or obtained from sources other than you.
You further acknowledge and warrant that the Submission contains only your own material and content or material and content that you have undeniable rights to use, and that Nestlé HealthCare Nutrition’s use will not violate any third party's rights.
Nestlé HealthCare Nutrition is under no obligation to use any Submission.
2.1.c. RELATED ISSUES
Although Nestlé HealthCare Nutrition may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site (“Postings”), Nestlé HealthCare Nutrition is under no obligation to do so and assumes no responsibility or liability arising from the content of any such Posting, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such Postings on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Nestlé HealthCare Nutrition will fully cooperate with any law enforcement authorities or court order requesting or directing Nestlé HealthCare Nutrition to disclose the identity of anyone posting any such information or materials. Nestlé HealthCare Nutrition may remove Postings at any time, and for any reason.
2.1.d. COPYRIGHT COMPLAINTS (DMCA POLICY)
Nestlé HealthCare Nutrition respects the intellectual property of others, and we ask our users to do the same. Nestlé HealthCare Nutrition may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify Nestlé HealthCare Nutrition by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;
- 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 Service Provider to locate the material;
- Information reasonably sufficient to permit Service Provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send notice to:
Nestlé HealthCare Nutrition, Inc.
Attn: Legal Department
1007 US Highway 202/206, Bldg. JR-2
Bridgewater, NJ 08807
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims.
The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on the Site belong to Nestlé HealthCare Nutrition or are used with permission. Nothing contained on this Site should be construed as granting any license or right to use any Trademark displayed on this Site. Your use/misuse of the Trademarks displayed on this Site, or any other content on this Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Nestlé HealthCare Nutrition will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
This Site may contain links to other websites. These links are to companies or organizations we believe you may have an interest in. Nestlé HealthCare Nutrition has not reviewed all the websites linked to the Site and is not responsible for the content of any other websites linked to the Site. Your linking to any other website is at your own risk. Please be mindful of this as you link to other outside websites.
In general, Nestlé HealthCare Nutrition does not object to links to this Site from third-party websites. However, you must abide by the following rules. Unless we have a written agreement with you, you may not use any of Nestlé HealthCare Nutrition’s trademarks, logos or slogans in or with your links. Do not present the link to this Site in any way that suggests Nestlé HealthCare Nutrition has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site, unless you have a specific written agreement with Nestlé HealthCare Nutrition to do so. You may link to this Site using the plain text name of the Site. Link only to the home page of this Site. Do not, without Nestlé HealthCare Nutrition’s written permission: (a) incorporate any content from this Site into your website (e.g., by in-lining or framing); (b) use any Nestlé HealthCare Nutrition names, trademarks, slogans, or any other words or codes identifying Nestlé HealthCare Nutrition Site in any "metatag". Nestlé HealthCare Nutrition will not tolerate links from any website that may adversely affect the name, reputation and goodwill of Nestlé HealthCare Nutrition and its products. Nestlé HealthCare Nutrition reserves the right to cancel permission to link at any _me, for any reason.
2.2. USE OF THE WEBSITES
Nestlé HealthCare Nutrition maintains this Celltrient website (the “Site”) for your personal education, information, entertainment and communication. Your access to and use of the Site is subject to these Terms and Conditions and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and Conditions and acknowledge that any other agreements between you and Nestlé HealthCare Nutrition regarding this Site are superseded and of no force or effect.
If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display the review throughout the world in any media. You grant us and our sub-licensees the right to use the name that you submit in connection with such content, if they choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
2.4. INFORMATION DEEMED NON-CONFIDENTIAL
Any personally identifying data and information that you may send via the Internet to our Websites are protected and treated according to our Privacy Notice. CELLTRIENT invites you to read such Privacy Notice carefully before providing us with any such personally identifying data and information.
2.5. LIMITATION OF LIABILITY
By accessing, using, browsing and navigating on our Websites:
You warrant that: you are legally capable of entering into binding contracts; you are at least 18 years of age; the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity.
You authorise us to transmit information and to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorise individual purchase transactions.
Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Check your local laws. Your use of and browsing on this Site are at your own risk. To the fullest extent permitted by applicable law, Nestlé HealthCare Nutrition makes no warranties or representations as to the accuracy of the information contained on this Site. Neither Nestlé HealthCare Nutrition nor any other party involved in creating, producing or delivering this Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, this Site. Without limiting the foregoing, everything on this Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Nestlé HealthCare Nutrition assumes no liability and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account your use of this Site. Additionally, software from this Site may be further subject to United States Export laws, rules and regulations, as amended from time to time. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
To the maximum extent permitted by applicable law, you expressly waive all claims against Nestlé HealthCare Nutrition, our officers, directors, employees, affiliates, suppliers and programmers that may arise from your use or access of this Site.
You agree to defend, indemnify and hold Nestlé HealthCare Nutrition, its officers, directors, employees, agents, affiliates, licensors and partners, harmless from and against any claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from or alleged to result from your Submission, Postings, the use of the Site or content or your violation of these Terms and Conditions.
As the corporate entity that owns Celltrient™, Nestle Healthcare Nutrition reserves the right to interrupt or discontinue any or all the functionality of its websites. Nestle Healthcare Nutrition accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its websites resulting from actions or omissions of Celltrient™ or any third party.
3. PRIVACY NOTICE
Along with our Terms and Conditions, we encourage you to read our Privacy Notice and refer to it before you submit any personal information to this Site. The Privacy Notice is a part of these Terms and Conditions.
4. COOKIE NOTICE
4.1 What are cookies?
Cookies are text files that are placed on your computer by websites that you visit. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognises that cookie. They are used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the website. We use the term "cookies" throughout this notice to also cover all similar technologies, such as web beacons SDK, log files, pixel tags.
4.2. What types of cookies are used on our Website?
Cookie categories Lifespan
a) Site functionality cookies
These cookies allow you to navigate the site and use our features, such as registration, logging in and product favourites. If you disable these cookies certain parts of the website will not function for you, for example, adding items to your basket, proceeding to checkout. As long as necessary
b) Site analytics cookies
These cookies allow us to measure and analyse how you use our websites, apps and mobile platforms, to improve both its functionality and your experience. 90 days
c) Customer preference cookies
When you are browsing on our sites, these cookies will remember your preferences (like your language or location), and other information you choose to provide to us, so we can help tailor your experience and make it more relevant and personal to you. 90 days
d) Advertising or targeting cookies
These cookies are used to deliver ads relevant to you. They also limit the number of times that you see an ad and help us measure the effectiveness of our marketing campaigns. We may also use the information obtained via these cookies to serve you with advertising that may be of interest to you based on your past online behaviour. We may share this information with other parties, including our partners. 90 days
e) Social media cookies
These cookies are used when you share information using a social media sharing button on one of our websites. The social network will record that you have done this. This information may be linked to targeting/advertising activities. 90 days
4.3. Manage your cookie preferences
You do not need to allow cookies to use or navigate through many parts of our website, although you may not have access to all the features on our website if you do not accept cookies. You should ensure that your device settings reflect your cookies preferences. You can also set your browser to warn you before accepting cookies or you set it to refuse them.
Additionally, where available, you can opt-out of cookies by visiting the following sites: http://www.aboutads.info/choices/#completed or http://www.youronlinechoices.eu/
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
5.2. GOVERNING LAW
These Terms and Conditions are to be governed by and construed in accordance with the law of New Jersey, United States of America, without reference to its conflicts of law rules.
We reserve the right to: update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents; and disable any user identification code or password we have provided to you, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.