Terms and Conditions of Website Usage and Purchasing
Grant of License
You are granted a non-exclusive, revocable, and limited license to access and use this Site and content in accordance with these Terms and Conditions. No additional rights are granted to you by implication, estoppel or otherwise.
Not Medical or HealthCare Advice
CONTENT CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE IS NOT INTENDED TO PROVIDE AND DOES NOT CONSTITUTE MEDICAL OR HEALTHCARE ADVICE NOR CAN IT BE RELIED UPON AS PREVENTATIVE CARE, CURE OR TREATMENT FOR ANY DISEASE OR MEDICAL CONDITION. YOU SHOULD CONSULT WITH A QUALIFIED HEALTHCARE PROFESSIONAL FOR ADVICE REGARDING THE DIAGNOSIS AND TREATMENT OF ANY MEDICAL CONDITION AND BEFORE STARTING ANY VITAMIN, HERBAL OR DIETARY SUPPLEMENTATION, NUTRITIONAL, EXERCISE OR OTHER MEDICATION PROGRAM. YOUR USE OF INFORMATION AVAILABLE ON OR THROUGH THIS SITE IS YOUR OWN RESPONSIBILITY AND OWN RISK.
Copyright and Trademarks
All Web site design, text, graphics, sound, software and other content, and the selection and
arrangement thereof, are the property of eVitamins or its licensors,
and are protected by United States and international copyright law. All rights
to such materials are reserved to their respective copyright owners. Permission
is granted to electronically copy and to print in hard copy portions of this Web
site for the sole purpose of placing an order with eVitamins or using
this Web site as a shopping vehicle. Any other use of materials on this site,
including without limitation reproduction for purposes other than noted above,
modification, distribution, replication, commercial or other exploitation, or
creation of derivative works, without the prior written permission of eVitamins, is strictly prohibited.
eVitamins, and all logos, page headers, custom graphics and icons
are service marks and/or trademarks of eVitamins or its licensors or
affiliates. All other trademarks, service marks, product names and company names
or logos that appear on this site are the property of their respective owners.
Consent to Communications
When you use the eVitamins website or eVitamins Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other eVitamins Services, such as our Message Center, Whatsapp, Facebook and any other means and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Where required by law, you consent to receive SMS messages (including text messages) from us, our agents, representatives, affiliates or anyone sending messages on our behalf to the specific number(s) you have provided to us with information or questions about your account and/or orders and/or marketing offers. You certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else's. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. eVitamins and our agents, representatives, affiliates and anyone sending messages on our behalf may use such means of communication described in this section even if you will incur costs to receive such messages, text messages, e-mails, phone calls or other means, which may occur. You agree to hold eVitamins harmless for any costs incurred in an effort to communicate with you either electronically or by telephone.
Product Descriptions and Product Pricing
eVitamins attempts to be as accurate as possible. However, eVitamins does not warrant that product descriptions or other content of any eVitamins Service is accurate, complete, reliable, current, or error-free. If a product offered by eVitamins itself is not as described, your sole remedy is to return it in unused condition.
"List Price" or "MSRP" means the "manufacturer suggested retail price" of a product as provided by a manufacturer, supplier, or seller. We obtain the MSRP directly from the manufacturer. You understand that the "List price" or "MSRP" is the retail price at which the manufacturer may suggest to list the product selling price at however this DOES NOT necessarily represent the price at which the product sells for, has sold for on our website, has sold across other websites or has sold anywhere else. There may NOT be substantial sales or ANY sales of a product at MSRP on our website or any other website and by showing the MSRP on a product page or any other area of our website does not imply a sale against the MSRP. The showing of MSRP on our website is soley meant to provide more data as obtained from a manufacturer. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on eVitamins.
With respect to items sold through our website www.evitamins.com by eVitamins, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by eVitamins is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process. You understand and agree to hold eVitamins harmless for any and all pricing issues including the list price and MSRP and your sole remedy with regards to pricing is to return the unopened product you've purchased for a full refund.
User Generated Content and User Submissions
Any suggestions, ideas, comments or other similar submissions by users shall be
deemed the sole property of eVitamins, which shall not be liable for
any use or disclosure, including without limitation use for commercial purposes,
of such submissions. You agree to grant eVitamins a worldwide,
royalty-free, perpetual license, with the right to reproduce, transmit,
distribute, publicly display, publicly perform, create derivative works of and
sublicense any materials or other information contained in such submissions. You
hereby waive any claim, cause of action or other recourse that you might have
against eVitamins for any alleged or actual infringement or
misappropriation of any intellectual property or other right in any such
submissions. Before submitting any product reviews, pictures, product questions and answers (Q & A) or any other "User Generated Content", you agree to read, understand and obide by the terms in our User Generated Content policy.
Review of Materials Posted on or Submitted to Site
eVitamins is not responsible for monitoring, screening, policing or editing the
information posted or materials on, submitted to or transmitted through the
site. eVitamins does not and cannot monitor all information or
materials posted on, submitted to or transmitted through the site. However, eVitamins reserves the right to delete, block and remove any information or
materials that eVitamins, in its sole discretion, deems to be unlawful,
infringing, defamatory, libelous, abusive, threatening, obscene, offensive,
fraudulent, deceptive, inappropriate or otherwise unacceptable to eVitamins. If notified of any such information or materials on the site, eVitamins may determine in its sole discretion whether to remove such
content from the site.
No Warranty - Disclaimer
eVitamins is providing this site, its contents and all products on an "as is" basis. eVitamins and its officers, directors, employees, agents, licensors, suppliers,
content providers and the like (together, "affiliates") make no representations
or warranties of any kind, express or implied, with respect to this site or its
contents, including without limitation the products, information or services
offered or sold on or through this site or any other site to which this site
links (each a "Linked Site") and the uninterrupted and error-free use of this
site. eVitamins and its affiliates expressly disclaim all such
representations and warranties, including without limitation all warranties of
merchantability, accuracy, timeliness, completeness, security, fitness for a particular
purpose and non-infringement. eVitamins and its affiliates do not
warrant that the site or files available on the site will be free from corrupted
data, computer viruses or similar destructive or contaminating code. No oral or
written statements by eVitamins or its affiliates will create any
warranty not expressly set forth herein. Your use of this site and any linked
site or consumption or use of any products sold through this website is at your sole risk.
The products, information, services and other content provided on and through
this site, including without limitation any products, information, services and
other content provided on any Linked Site, are provided for informational
purposes only to facilitate discussions with a healthcare professional regarding
treatment. The information provided on this site and Linked Sites, including
without limitation information relating to medical and health conditions,
products and treatments, is often provided in summary or aggregate form. It is
not intended as a substitute for advice from your physician or other healthcare
professional or any information contained on or in any product label or
packaging. Before buying or using any products, information or services provided
on or through this site, including without limitation any products, information
or services provided on any Linked Site, you should speak with a healthcare
You should not use the information on this site for diagnosis or treatment of
any health problem or for prescription of any medication or other treatment. You
should always speak with your physician or other healthcare professional, and
carefully read all information provided by the manufacturer of a product and on
or in any product label or packaging, before taking any medication or
nutritional, herbal or homeopathic supplement, before starting any diet or
exercise program or before adopting any treatment for a health problem. Each
person is different, and the way you react to a particular product may be
significantly different from the way other people react to such product.
Unless otherwise indicated on this site, eVitamins does not endorse
or recommend any product or service offered, advertised or sold on or through
this site, including without limitation any product or service offered,
advertised or sold on or through any Linked Site. eVitamins is not
responsible for any product or service sold on or through this site or any
claims of quality or performance made on or through this site, including any
claims of quality or performance made on or through any Linked Site. You are
advised that other sites on the Internet, including without limitation Linked
Sites and sites that link to this site, might contain material or information
that some people may find offensive or inappropriate; or that is inaccurate,
untrue, misleading or deceptive; or that is defamatory, libelous, infringing of
others' rights or otherwise unlawful. eVitamins expressly disclaims any
responsibility for the content, legality, decency or accuracy of any
information, and for any products and services, that appear on any Linked Site
or any site that links to this site.
Price and availability information on this website is subject to change without
notice. eVitamins is not responsible for price or availability fluctuations on any linked websites that have not been updated. You understand that while we try to maintain accurate pricing and availability information, the information listed on this website may not always be correct. To determine the most accurate pricing or availability information, you should always call our company at +1-586-731-6101 Monday through Friday 8:00 AM EST to 5:00 PM EST.
eVitamins obides by Proposition 65 ("Prop 65"), which requires us to notify all Californians about significant amounts of chemicals in the products they purchase, in their homes or workplaces, or that are released into the environment. We have provided a non-inclusive list that contains a wide range of naturally occurring and synthetic chemicals that are known to cause cancer or birth defects or other reproductive harm. These chemicals include additives or ingredients in pesticides, common household products, food, drugs, dyes, or solvents. Listed chemicals may also be used in manufacturing and construction, or they may be byproducts of chemical processes, such as motor vehicle exhaust.
Non-Inclusive Prop 65 Ingredient List (updated as of Septermber 2016)
For more information on Proposition 65 or for a more complete list of items, please click here. While we make all efforts to not carry any product that violates Prop 65, because the list of items on this list is dynamic, for a short period, some of these items may overlap with items we carry. As a user of this website and or customer of eVitamins you agree that this statement serves as your notice to check the Non-Inclusive Prop 65 ingredients in the items you purchase against the Prop 65 list of ingredients. In addition, you agree to hold eVitamins harmelss and not liable for any products purchased from eVitamins that violates Proposition 65 regardless of any circumstances. eVitamins will do our best to provide "clear and reasonable" warning and ensure that all products shipped have a required warning label on them if they have been known to violate Prop 65 (they would most likely be discontinued) however we can not guarantee such on all products and this notice may serve as your only notice of Proposition 65 and may also serve as your only reminder to check the items you purchase against items on this non-inclusive list or the State of California website. In accordance with using or purchasing items from eVitamins you agree to hold eVitamins harmless for any product that violates Prop 65 in any way. In addition, you understand that the list we have provided is a non-inclusive list and may not represent the most complete or up to date list and you should always check with your local governing agency for the latest Prop 65 list.
Limitation of Liability
eVitamins and its affiliates shall not under any circumstances be liable for any
damages of any kind arising out of, in connection with or relating to the use of
or inability to use this site or products purchased from this website, including without limitation any liability (i) as
a publisher of information, (ii) as a reseller of any products or services,
(iii) for any defective products, (iv) for any incorrect or inaccurate
information, (v) for any unauthorized access to or disclosure of your
transmissions or data, (vi) for statements or conduct of any third party on the
site, or (vii) for any other matter relating to this site or any linked site.
This is a comprehensive limitation of liability that applies to all damages of
any kind, including without limitation any direct, indirect, special, incidental
or consequential damages (including without limitation damages for loss of
business, loss of profits, loss of good will, loss of use, loss of data, cost of
procuring substitute goods, services or information, litigation or the like),
whether based on breach of contract, breach of warranty, tort (including without
limitation negligence), product liability or otherwise, even if the user advises
of the possibility of such damages. The limitations of liability set forth
herein are fundamental elements of the basis of the bargain between eVitamins and the user. The products, information and services offered on and
through this site would not be provided without such limitations. Because the
laws of some states may not allow for the exclusion of certain damages, in such
states liability is limited to the fullest extent permitted by law.
Notwithstanding the foregoing, the sole and entire maximum liability of eVitamins and its affiliates for any reason, and your sole and exclusive
remedy for any cause or claim whatsoever, shall be limited to the amount paid by
you for any product, information or service purchased by you from eVitamins on this site.
By using this website and or purchasing products from eVitamins, you agree to indemnify, defend and hold harmless eVitamins and its
affiliates against all claims, demands, causes of action, losses, expenses,
damages and costs, including without limitation any reasonable attorneys' fees,
resulting or arising from or relating to your use of or conduct on the site, any
activity related to your account by you or any other person, any purchase or pducts or any material that
you submit to, post on or transmit through the site, your violation of these
termination of your access to this site.
All products and services offered on or through this site are provided
subject to any applicable tariffs and any accompanying terms and conditions. YOU SHOULD ALWAYS CHECK WITH YOUR LOCAL DOCTOR, HEALTH PRACTIONER OR HEALTH CARE PROVIDER BEFORE TAKING ANY PRODUCT LISTED ON THIS WEBSITE.
Privacy and Child Protection
eVitamins respects the privacy of its users in accordance with the terms of eVitamins Privacy Protection Policy.
eVitamins reserves the right to monitor the site and to disclose any information recorded
or posted on, submitted to or transmitted through the site to the extent eVitamins, in its sole discretion, deems such disclosure necessary or
appropriate (i) to comply with any law, regulation, subpoena or government
request, (ii) to operate the site, or (iii) to protect the rights or property of
eVitamins or its affiliates. By using this website and or purchasing any products you understand that you MUST be at least eighteen (18) years of age.
Sales and Use Tax (Domestic Orders)
By ordering goods from eVitamins you ackowledge that you will adhere to all sales and use tax at all levels of local, state and federal government tax laws that relate to reporting and submitting any applicable taxes that become due as a result of purchasing products from eVitamins. You agree to be responsible for remittance of any applicable taxes not collected at the time of checkout and are solely responsible for the payment of these taxes to the appropriate tax authority as applicable. ONLY if sales or use tax is collected at the time of checkout do you hereby give a proxy or power of attorney (“POA”) to eVitamins as the remitter for any applicable taxes paid on your behalf otherwise you agree to pay any applicable taxes directly to the corresponding authority. This notice with respect to paying taxes may serve as your only notice and failure to read this notice and or failure of eVitamins to collect Sales & Use tax on your behalf WILL NOT absolve your responsibility for paying the taxes. Residents of Washington, Pennsylvania (six percent), New York will be responsible to pay their own USE tax. Please check with your states Department of Revenue for more information on the USE tax you may incur.
International Shipping - Importer of Record, Sanctions, Prohibited Items
You may NOT purchase products from eVitamins if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are purchasing products from eVitamins. You must comply with all U.S. or other export and re-export restrictions that may apply to goods and services.
By ordering goods from eVitamins destined to any country in the European Union or any other country or destination located outside of the United States, you understand that, services will be provided to you only after you explicitly agree to become Importer of Record (“IOR”) and as such customs clearance shall be made in your name and on your behalf. You MAY NOT import for commercial resale and all imports MUST BE FOR PERSONAL USE ONLY. As the Importer of Record ("IOR"), you agree to be ultimately responsible for importing the products ordered by you into the destination country. Unless we collect taxes and duties at the time of checkout, you agree to be solely responsible for the payment of duties and taxes either at the time of sale if prepayment is selected or at the time of importation if prepayment is not selected. As the Importer of Record you also agree to be solely responsible for the compliance of any laws or regulations with regards to the products you are importing within your particular country. You hereby give a proxy or power of attorney (“POA”) to eVitamins designated shipping provider for the customs clearance of products ordered by you. This POA authorizes eVitamins' designated shipping provider’s assigned customs broker to act on behalf of you. eVitamins' designated shipping provider’s intervention with respect to customs formalities may be done by a customs agent assigned by eVitamins' designated shipping provider on your behalf. You hereby acknowledge to have understood the concept of IOR and the need of the POA and further state that the terms of the POA or terms of the purchase from eVitamins and transportation conditions from eVitamins' designated shipping provider are not unreasonable or unknown to you, that you have read them, understood them and further have agreed to them. eVitamins will always do our best to follow the laws and regulations of all international governments. If we believe an item is prohibited for import into a country, eVitamins will block the item during checkout and you will need to remove this item to complete checkout. In addition we may also require a valid prescription from an authorized authority to ship with your order or you may be required by your local customs office to provide one. You agree that BEFORE ORDERING and IMPORTING ANY PRODUCTS YOU WILL CHECK WITH YOUR LOCAL HEALTH AUTHORITY AND CUSTOMS OFFICE TO ENSURE THAT THE PRODUCTS YOU ARE ORDERING CAN LEGALLY BE IMPORTED INTO YOUR COUNTRY. If an item is accidentally offered for sale that is prohibited in your local country, YOU AGREE TO NOT KNOWINGLY IMPORT THESE PRODUCTS INTO YOUR COUNTRY UNLESS YOU HAVE PROPER DOCUMENTATION TO DO SO.
IN ADDITION to these terms and conditions as provided herein, as the Importer of Record, you futher agree to read, provide consent and agree to be bound by our International Shipping Agreement in order to have ANY items shipped to a destination located outside of the United States. Please read our FULL International Shipping Agreement before placing an order on our website in which that order is destined for any location outside of the United States.
International Shipping - VAT, HST, GST, Duties and other Taxes
By ordering goods from eVitamins destined to any country outside of the United States you ackowledge that you will adhere to all Value Added Taxes, HST Taxes, GST Taxes, Duties or any other applicable taxes imposed on your behalf by your local government as a result of purchasing products from eVitamins or importing products into your country. You agree that as the Importer of Record ("IOR"), you will be responsible for any applicable duties and or taxes not collected at the time of checkout and are solely responsible for the payment of these duties or taxes as applicable. ONLY if a tax or duty is collected at the time of checkout do you hereby give a proxy or power of attorney (“POA”) to eVitamins as the remitter for any applicable duties or taxes paid on your behalf otherwise you agree to pay any applicable taxes directly to the corresponding authority. This notice with respect to paying duties and taxes may serve as your only notice and failure to read this notice and or failure of eVitamins to collect VAT, HST, GST, Duties or any other tax on your behalf WILL NOT absolve your responsibility for paying these duties and taxes as they become due. Please read our FULL International Shipping Agreement before placing an order on our website in which that order is destined for any location outside of the United States.
Andrell International, LLC is committed to making our website's content accessible and user friendly to everyone. We strive to meet Web Content Accessibility Guidelines (WCAG) 2.0 Level AA at minimum and are currently working towards WCAG 2.1 compliance.
If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please email our team at firstname.lastname@example.org with "Disabled Access" in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. You may also call us via telephone at 1-586-731-6101 to speak with someone directly Monday through Friday 8:00 AM EST to 5:00 PM EST. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. Additionally, while we do not control such vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user friendly. While we will always do our best to accomodate all users, by using this website you agree to hold eVitamins harmless for any and all accessibility problems, issues or features not yet available through our website.
California Transparency in Supply Chains Act of 2010
Andrell International, LLC. makes this disclosure pursuant to The California Transparency in Supply Chains Act of 2010, a law which is designed to increase the amount of information manufacturers and retailers make publicly available regarding their efforts to address the issue of slavery and human trafficking. Andrell International, LLC is in favor of eradicating any such conduct from its supply chains in order to provide our customers with quality products free from the taint of slavery and human trafficking. For example:
Vendor/Supplier Agreements. eVitamins is working to implement standard purchasing agreements with new and existing vendors that contains a provision requiring them to certify compliance with the California Transparency in Supply Chains Act of 2010. Suppliers agreeing to this provision must now specifically certify that materials incorporated into their products and sold to eVitamins comply with the laws regarding slavery and human trafficking in the country or countries in which they do business.
Company Verification. eVitamins strives to establish close working relationships with its suppliers. The company does not employ or rely on third parties to verify its product supply chains in order to evaluate and address risks of human trafficking and slavery.
Audits. eVitamins currently does not conduct onsite audits of its suppliers. Many of eVitamins’ vendors have their own codes of conduct and auditing programs in place to ensure they are working to eliminate human trafficking and slavery.
Management Training and Accountability. In addition to the requirements placed on our vendors, eVitamins communicates its commitment to elimination of forced labor to applicable employees in its own workforce. eVitamins will promptly address and remedy any circumstances of which it becomes aware of employees who fail to meet eVitamins’ standards regarding forced labor.
California Consumer Privacy Act (CCPA) - Notice To California Residents
eVitamins works with Third Parties such as affiliate networks and ad networks and under the CCPA we make this disclosure. While we make sure that your Personal Information is not shared directly with third parties, our recognition of consumers may be shared across the network of third parties we work with for the benefit of all customers and is necessary for providing valuable solutions, analytics, and insights offered by eVitamins. This aligns with the CCPA and California Attorney General Regulations regarding the classification of entities based on their shared use of data. Pursuant to the law, eVitamins has evaluated data practices and we DO NOT sell personal information EVER. Subject to certain limits under California law, California residents may ask us to provide them with: (1) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (2) the identity of those third parties. To make this request, California residents may contact us as specified on our Contact Us page or by emailing email@example.com or calling +1-586-731-6101 Monday through Friday 8:00 AM to 5:00 PM EST.
Your Usage of Site - Termination of Usage
You agree to maintain the security of your account on the site,
including the security of your password and other confidential information
relating to the use of the site and your account on the site. You agree to be
responsible for all charges resulting from the use of your account on the site,
including charges resulting from unauthorized use of your account prior to your
taking steps to prevent such occurrence by changing your password and notifying
You agree to use this site only for lawful purposes, and that you are
responsible for your use of and communications on the site. You agree not to
post on or transmit through this site any unlawful, infringing, threatening,
harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or
otherwise objectionable material of any kind, including without limitation any
material that encourages criminal conduct or conduct that would give rise to
civil liability, infringes others' intellectual property rights or otherwise
violates any applicable local, state, national or international law. You agree
not to use this site in any manner that interferes with its normal operation or
with any other user's use and enjoyment of the site. You agree not to reproduce,
modify, distribute, replicate, commercially exploit or create derivative works
of any portion of the site or material thereon.
You further agree that you will not access by any means except through the
interface provided by eVitamins for access to the site. You agree that
you will not access this site from any territory where its contents are illegal,
and that you, and not eVitamins and its affiliates, are responsible for
compliance with applicable local laws.
You agree that eVitamins may terminate or suspend your access to all
or part of this site, without notice, for any conduct that eVitamins,
applicable law or is harmful to the interests of another user, eVitamins or its affiliates.
Usage by Minors
Because of the nature of the World Wide Web, eVitamins cannot prohibit minors from
visiting this site. eVitamins must rely on parents, guardians and those
responsible for supervising children and teenagers to decide which materials are
appropriate for such children and teenagers to view and/or purchase. eVitamins requires that (i) all purchases on the site be made by adults 18 years of
age or older, and (ii) all users who provide personal information to eVitamins be 18 years of age or older, or, if under 18, that such information be
Because of the nature of the World Wide Web and our business, we reserve the right to record cookies to your web-browser or access device so that we may identify you throughout your website experience.
Applicable Law; Jurisdiction; Dispute Resolution and Class Waiver:
All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed in accordance with the domestic laws of the State of Michigan, without giving effect to any choice of law or conflict of law.
To the fullest extent permitted by law, you and eVitamins agree to arbitrate any controversy, claim or dispute arising out of or in any way related to this Agreement, including but not limited to claims based on contract, tort, negligence, statutory or regulatory provisions. EACH PARTY IS GIVING UP ITS RIGHT TO SUE IN COURT AND TO HAVE ANY CONTROVERSY, CLAIM OR DISPUTE HEARD BY A JUDGE OR JURY.
YOU AND eVITAMINS ENTITIES EXPRESSLY AGREE TO ARBITRATE ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT. THIS AGREEMENT TO ARBITRATE ALSO APPLIES TO THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATED TO WHETHER THE AGREEMENT IS UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION. YOU ALSO AGREE THAT ANY ARBITRATION MAY ONLY BE BROUGHT IN YOUR AND OUR INDIVIDUAL CAPACITIES, NOT AS A CLASS, PURPORTED CLASS OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
The mutual promise by you and eVitamins to arbitrate any and all disputes, and to do so on an individual basis, rather than to litigate before the courts or other bodies, provides the mutual consideration for this agreement to arbitrate.
Either party may exercise the right to arbitrate by providing the other party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.
Unless you and eVitamins otherwise agree, the arbitration will be conducted in the county where you reside by a single neutral arbitrator and in accordance with the then current rules for resolution of disputes of the American Arbitration Association (AAA) (available on line at www.adr.org). The parties are entitled to representation by an attorney or other representative of their choosing. The parties agree to abide by and perform any award rendered by the arbitrator. The arbitrator shall issue the award in writing and therein state the essential findings and conclusions on which the award is based. Judgment on the award may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
Severability - Interpretation
If any provision of this agreement shall be deemed unlawful, void or for any reason
unenforceable by a court of competent jurisdiction, the validity and
enforceability of any remaining provisions shall not be affected. When used in
this agreement, the term "including" shall be deemed to be followed by the words
Default Language and Terms
The eVitamins website ("www.evitamins.com") is translated into multiple langauges for the convenience of our users. Where any conflicts or discrepencies in translation occur or terminology that which is not included in a translated version, the English language ("default language") shall always prevail. All terms, conditions and provisions of this website shall always be enforced in the default language and upheld under the default language terms and conditions regardless of the localized langauge, country or where you, the end-user may be located.
Orders & Pricing
eVitamins retains the rights to cancel any order at any time. If an order is cancelled, the proper credit will be issued back to the customer usually within 24 to 48 business hours. eVitamins retains the right to ship to only countries or addresses with which it feels are safe and non-fraudulent. Pricing and availability on our website is subject to change at anytime without notice. Our shipping pricing is based on "standard order weights". Any deviation from standard order sizes may be subject to additional shipping and handling charges. We will contact you with these charges before shipping your order. If you do not wish to accept these additional charges, you may cancel your order. All orders must be inspected within 48 hours of receipt to be eligible for a full refund or returned within 30 days.
If an item becomes discontinued or unavailable and your order ONLY contains this one single item, your order will automatically become cancelled and any payments will be refunded. If your order contains MULTIPLE products or items, eVitamins will cancel from your order that which is unavailable and ship the remaining portion of your order. eVitamins will not be held liable for partial shipments due to discontinued items.
Payment By Check
A $25.00 fee will be added to all checks returned to us that have been unpaid or have been cancelled (NSF Checks). Any further monetary obligations that result from the collection of any check will be added to the amount due.
All products purchased on eVitamins shall be for "end users" only and for personal use. You agree that by purchasing products through eVitamins you will not in any way resell these products and will only use these products for your own personal use and NOT for commercial use.
Credit Card & Debit Card Payments
When you place an order with eVitamins, your card will be "authorized" for the entire order amount. For some credit cards this will appear as if it was an actual charge however, it is simply an authorization of us setting the funds aside in your account to capture when your order ships.
A card "authorization" is provided to merchants upon the initial order to guarantee that the merchant will be able to charge a credit or debit card for the purchase amount when an order ships. This "authorization" will set aside funds on the credit or debit card to cover the purchase that was made. A credit or debit card "charge" is the actual transfer of funds from the credit card agency or bank to the merchant for the sale. If an order is not shipped or cancelled, the "authorization" will automatically be removed within 3 business days (depending on your individual bank) by the card company and those funds will be released back to your account.
*When using a debit card the authorization will freeze these funds in your account. eVitamins is not responsible for any bank fees associated with authorization of debit cards regarding checking accounts.
Risk of Loss
All purchases of physical items from eVitamins are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier or once your items leave our fulfillment center.
eVitamins takes reasonable and ongoing security safeguards' and measures to protect your data and any health information you have provided from loss, as well as from unauthorized access, use, modification or disclosure. However you understand and agree that with the nature of the internet and the world wide web, that any transmissions, uploads and data can NEVER be fully secure. There is always a risk of a security breach and there may be serious potential consequences for people whose information is in danger or whose data has been breached. Studies (and experience) have shown that unauthorized disclosure can occur in a number of ways – complacency, inadequate security, poor procedures, or simply by accident or human error. There is no fail-safe control given the human element involved, but regular checks and reminders together with systems or technical measures to identify mistakes or anomalies can assist to reduce the incidence of data privacy issues. You agree to indemnify and hold eVitamins harmless for any data breach or unauthorized access of your data including, as such:
(1) If we accidentally send your order OR your order is accidentally delivered to a wrong address and thereby risk unauthorized disclosure of your personal or health information.
(2) If our servers, systems or processes are accidentally comprimised in any manner and provide unauthorized access to your data and thereby provide access of disclosure to your personal or health information.
If a notifiable privacy or data breach does occur, eVitamins will comply with all legal requirements including notifing any Office's of Privacy Commissioners (in specific countries) as well as the affected individual(s) (unless one of the limited exceptions contained in a country specific Privacy Act applies).
Returns, Refunds and Title
eVitamins does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return however in this situation, eVitamins still does not take title for the refunded item until we receive the returned item at our fulfillment center.
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Entire Agreement - Amendments
This agreement constitutes the entire and only agreement between eVitamins
and each user of this site with respect to the subject matter of this agreement
and supersedes any and all prior or contemporaneous agreements, representations,
warranties and understandings, written or oral, with respect to the subject
matter of this agreement. You agree to review this agreement prior to your use
of this site and your use of this site shall be deemed acceptance of and assent
to this agreement by you. eVitamins may, in its sole discretion, amend
The failure of evitamins or its affiliates to insist upon strict adherence to any
term of this agreement shall not constitute a waiver of such term and shall not
be considered a waiver or limit that party's right thereafter to insist upon
strict adherence to that term or any other term of this agreement. You agree
that regardless of any statute or law to the contrary, any claim of cause of
action arising from or relating to use of this site or this agreement must be
filed within one (1) year after such claim or cause of action arose, or will be
forever barred. The "No Warranty; Disclaimer" and "Limitation of Liability"
provisions of this agreement are for the benefit of eVitamins and its
affiliates as defined herein, and each of these individuals or entities shall
have the right to assert and enforce these provisions directly against you on
its own behalf. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns.
Last Updated: 05/01/2019