Terms

PLEASE READ THIS DOCUMENT CAREFULLY!

IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU, but if you like to read this stuff, please enjoy yourself.

This Agreement contains the terms and conditions that apply to your purchase from the Samana Nutrition entity named on the invoice ("Samana Nutrition") that will be provided to you ("Customer") on orders for products sold in the United States. By accepting delivery of the products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH SAMANA NUTRITION, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER SAMANA NUTRITION STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in Samana Nutrition's sole discretion.

1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Samana Nutrition.

2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF UTAH, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.

3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Samana Nutrition's sole discretion, and unless otherwise agreed to by Samana Nutrition, payment must be received by Samana Nutrition prior to Samana Nutrition's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Samana Nutrition. Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. Samana Nutrition may invoice parts of an order separately. Orders are not binding upon Samana Nutrition until accepted by Samana Nutrition. Any quotations given by Samana Nutrition will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.

4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on Samana Nutrition's invoice(s). Unless Customer provides Samana Nutrition with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Samana Nutrition's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated. If applicable, a separate charge for taxes will be shown on Samana Nutrition's invoice.

5. Title; Risk of Loss. Title to products passes from Samana Nutrition to Customer on shipment from Samana Nutrition's facility. Loss or damage that occurs during shipping by a carrier selected by Samana Nutrition is Samana Nutrition's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility.

6. Warranties, Disclaimers. SAMANA NUTRITION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF' MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In addition to these Terms and Conditions, customer agrees to be bound by the acceptance of contract terms contained elsewhere in this site.

7. Return Policies. Samana Nutrition products that are purchased directly from Samana Nutrition by an end-user Customer may be returned by Customer in accordance with Samana Nutrition's Guarantee in effect on the date of the invoice.

8. Products. Samana Nutrition's policy is one of on-going product update and revision. Samana Nutrition may revise and discontinue products at any time. Vitacost.com reserves the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.

9. Limitation of Liability. Samana Nutrition DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY REASON. Samana Nutrition WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.

10. Arbitration. Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against Samana Nutrition, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "Samana Nutrition") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Samana Nutrition's advertising, any related purchase, including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and Samana Nutrition. The arbitration shall be held in Pinal County, Utah at the office of Samana Nutrition, by telephone, or online. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the NAF or at P.O. Box 50191, Minneapolis, MN 55405.

11. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. Samana Nutrition has separate terms and conditions governing resales.

12. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

13. Acceptance. By ordering any product from Samana Nutrition, whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of Sale, as well as the "Acceptance of Contract Terms" contained elsewhere in the Samana Nutrition site.

Home

Credit Card Processing

SSL Certificates

Home | Terms | Privacy Policy | Site Map | Links

*The information provided on this site is intended for your general knowledge only and is not a substitute for professional medical advice or treatment for specific medical conditions. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. The statements on this website have not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure or prevent any disease.

If you find a discrepency or a problem with the website contact the webmaster.