TERMS OF PURCHASE
Last Updated January 26 2023
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TORESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRMTHAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE PURCHASE TERMS, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU(A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) THE LEGAL AGE TO FORM A BINDING CONTRACT WITH NUTRICIA NORTH AMERICA, INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY APPLICABLELAW.
We may update or change these Purchase Terms at any time with or without notice to you. We will post the latest version of these Purchase Terms on the Site and you should review these Purchase Terms before purchasing any product or services through the Site. YOUR CONTINUED USE OF THE SITE AFTER A POSTED CHANGE IN THESE PURCHASE TERMS WILL CONSTITUTE YOUR ACCEPTANCE OF AND AGREEMENT TO SUCH CHANGES. If any change to these Purchase Terms is determinedby a court of competent jurisdiction to be invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes.
Product purchased on the Site is intended for personal household consumption only and you are prohibited from reselling any product to any other person or entity. As a result, you may not purchase more than a total of $10,000 in goods and services from the Site in a calendar year. If you intend to purchase products for resale, you must contact us at 1-800-365-7354 and establish a commercial trade account.
You shall not directly or indirectly resell or distribute the products purchased on the Site to any person or entity that is located outside of the United States or its territories, or to any person or entity that may attempt to directly or indirectly export the products outside the United States or its territories.
YOU UNDERSTAND AND AGREE THAT MOST OF NUTRICIA’S PRODUCTS ARE INTENDED FORUSE UNDER MEDICAL SUPERVISION. You agree to review the information on the product labels and abide by all instructions for product use and storage.
IMPORTANT: THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE SITE IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDERBEFORE YOU TAKE ANY ACTION THAT MAY AFFECT YOUR HEALTH OR SAFETY OR THE HEALTH OR SAFETY OF ANOTHER PERSON. IF YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR YOUR HEALTHCARE PROVIDER IMMEDIATELY.
We may terminate your account, without notice, for conduct we believe violates these Purchase Terms or our policies or that is harmful to others or our business interests, or if your account is inactive.
As a user of the Site, you may receive promotional materials and other email communications about our products and services from time to time. You may opt-out of receiving promotional materials by using the unsubscribe link that is provided in such e-mail correspondence. Note that even if you opt-out of promotional communications we may still deliver transactional or relational communications, including communications for the purpose of: (i) facilitating,completing, or confirming a transaction; (ii) providing warranty, product recall, safety, or security information for a product; or (iii) providing periodic account information or notices about changes to our terms or policies.
All orders are subject to Nutricia’s acceptance. Nutricia may reject or cancelan order in its sole discretion or require you to contact Customer Service at 1-800-365-7354 before accepting or fulfilling an order.
Prices, Billing and Payment
All prices posted on the Site are subject to change without notice, except that if you purchase a product we will not change pricing terms valid at the time of purchase without first notifying you and giving you a reasonable opportunity to cancel your purchase. Posted prices do not include taxes or charges for shipping and handling unless expressly indicated.
We accept the following payment cards: Visa, MasterCard, and American Express.
We may use a third-party payment service in lieu of directly processing your payment card information. By submitting your payment card information, you grant Nutricia (and, if applicable, our third-party payment service) the right to store and process your information. To the extent permitted by applicable law, Nutricia disclaims all responsibility for any failures of the third party to adequately protect such information. You acknowledge that we may change thethird-party payment service at any time and transfer your information to accommodate any such change.
Your payment card on file will automatically be charged after you submit your order and every time an auto reorder (if applicable) is placed (subject to the terms and conditions pertaining to the Auto Reorder program, below). If your payment method reaches its expiration date or is invalid for any other reason,your order may not be shipped until you have updated your account with valid payment information.
You represent and warrant that (i) the payment card information you supply to us is and will remain true, correct, and complete, (ii) you are authorized to use such payment card for the purchase, and (iii) charges incurred by you will be honored by your payment card company.
For some products (as indicated on the Site from which you are purchasing the Product), you can enroll in our “Auto Reorder” program so that your order will automatically be reordered on a regular basis, subject to the terms of these Purchase Terms.
BY ENROLLING IN THE AUTO REORDER PROGRAM WITH RESPECT TO A PARTICULAR ORDER, YOU ACKNOWLEDGE THAT: (1) YOUR ENROLLMENT IN THE PROGRAM WILL AUTOMATICALLY CREATE RECURRING NEW ORDERS FOR SUCH PRODUCTS ACCORDING TOYOUR CHOSEN DELIVERY SCHEDULE, UNTIL IT IS CANCELLED; (2) YOUR ORDER HAS ANINITIAL PAYMENT OBLIGATION AND RECURRING PAYMENT OBLIGATIONS; AND (3) YOU AGREE THAT WE CAN CHARGE YOUR PAYMENT CARD OR ACCOUNT FOR ALL RECURRING CHARGES YOU INCUR PRIOR TO CANCELLATION OF YOUR ENROLLMENT IN THE AUTOREORDER PROGRAM. The price of products for which you have enrolled in the Auto Reorder program may change.The total cost charged to your payment method for each order under the AutoReorder program will be the price of the product on the day that order isprocessed less the Auto Reorder discount (if any), plus any applicable salestax and shipping and handling charges.The charge for each order under the Auto Reorder program will be billed tothe payment method you used when you created your subscription, or as otherwise directed by you.
You may cancel (or disable) your enrollment in the Auto Reorder program at any time on the Site or by contacting us at 1-800-365-7354. To avoid any future charges for orders placed under the Auto Reorder program, you must cancel your auto reorder before the next shipment date. IF YOU DO NOT CANCEL YOUR AUTO REORDER PRIOR TO THE NEXT SHIPMENT DATE OF YOUR RECURRING ORDER, YOU WILL BE CHARGED FOR THAT ORDER.
Some of the offer details (for example, price, taxes, availability, shipping charges, and the party fulfilling your order) may change over time, in Nutricia’s sole discretion. Also, you may receive benefits for enrolling in the Auto Reorder program, such as discounts on your orders; Nutricia may change those benefits at any time in its sole discretion. All such changes will apply to future orders of products for which you remain enrolled in the Auto Reorder program.
Your enrollment in the Auto Reorder program is good while supplies last. Enrollment in the Auto Reorder program is void where prohibited. We may, in our sole discretion, terminate your enrollment the Auto Reorder program for any one or more products at any time without notice. If we do so, you will only be charged for orders that have been shipped to you. Your participation in the Auto Reorder program is personal to you and you may not assign or transfer your subscription or any of the benefits to any third party without our prior written authorization.
The cost for shipping and handling will be displayed on the checkout page before you complete your purchase. Unless otherwise noted, we will use commercially reasonable efforts to ship your products within a reasonable time after receipt of your properly completed order. Although we may provide delivery or shipment timeframes or dates, you understand that those are our good-faith estimates and may be subject to change. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL LIABLITY FOR ANY LOSS, DAMAGE, COST, OR EXPENSE RELATED TO ANY DELAY IN SHIPMENT OR DELIVERY.
If the item you order is unavailable when we plan to ship it, you authorize us to fulfill your order with a similar item that we believe will meet your expectations. All items you purchase from the Site will be delivered to the shipping address that you provide to us, and a signature will NOT be required upon delivery. Items may be left at the shipping address so you should consider this when placing orders. The risk of loss and title for each it empasses to you upon delivery of such product to the shipping address that you provide. We may reject orders where the stated delivery address is outside the United States.
You may be entitled to return any products you receive in connection with these Purchase Terms. The products delivered hereunder are subject to our Return Policy, available at Return Policy. If you wish to return any such product, please review and follow the instructions in the Return Policy.
45 Day Satisfaction Guarantee
The products sold pursuant to these Purchase Terms are subject to our 45-Day Satisfaction Guarantee, available at Satisfaction Guarantee. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
Disclaimer Of Warranties
IMPORTANT: YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING, OR CONSUMING SUCH PRODUCTS. IN THE EVENT OF AN ERROR ON OUR SITES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER, OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS, AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITE MAY LIST OR CONTAIN INFORMATION ABOUT PRODUCTS BUT THAT DOES NOT GUARANTEE THAT SUCH PRODUCTS ARE OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
Except as set forth in our 45 Day Satisfaction Guarantee (Limited Warranty) Section, above, to the fullest extent permitted under applicable law, the Site and the products offered on the Site are provided on an “as is” and “as available” basis, without warranties of any kind, and NUTRICIA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO THE SITE AND ANY PRODUCTS OFFERED OR PURCHASED ON THE SITE, AND ANY DELIVERY OR PICKUP SERVICE. To the extent permitted by law, Nutricia: (a) does not warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site will be free of viruses or other harmful components; and (b) does not make any representations or warranties regarding the access to or use of, or the results of the access to or use of, the Site, including the content and materials on the Site, in terms of their correctness, accuracy, validity, completeness, usefulness, timeliness, suitability, reliability, or otherwise. SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, SO PARTS OF THIS DISCLAIMER MAY NOT APPLY TO YOU. TO THE EXTENT IMPLIED WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO 45-DAYS.
Limitation Of Liability
IMPORTANT: To the fullest extent permitted under applicable law, under no circumstances (other than with respect to personal injury arising from consumer goods) will Nutricia be liable for any incidental, special, punitive, exemplary, indirect, or consequential damages, or any lost profits, income, revenue, or data, even if Nutricia or a Nutricia representative has been advised of the possibility of such damages, to the extent arising from or related to these Purchase Terms or the services or transactions contemplated herein, including: (i) your purchase of any products on the Site, any person’s use of or inability to use any suchproducts, or any failure to timely deliver any products; or (ii) anyunauthorized access to, or use, disclosure, or alteration of, your data including, without limitation, your personal information or payment card information. Without limiting the foregoing, to the fullest extent permitted under applicable law, NUTRICIA’S TOTAL LIABILITY TO YOU (OTHER THAN WITH RESPECT TO PERSONAL INJURY ARISING FROM CONSUMER GOODS), WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE, BUT EXCLUDING GROSS NEGLIGENCE, RECKLESSNESS, AND WILLFUL MISCONDUCT), PRODUCTLIABILITY, STRICT LIABILITY, OR ANY OTHER THEORY, ARISING FROM OR RELATED TO THESE PURCHASE TERMS OR THE SERVICES OR TRANSACTIONS CONTEMPLATED HEREIN, FOR ANY REASON WHATSOEVER, WILL BE LIMITED IN THE AGGREGATE TO THE GREATER OF: (A) TEN DOLLARS ($10); OR (B) THE TOTAL OF ALL PAYMENTS YOU HAVE MADE TO NUTRICIA (IF ANY) FOR UNDER THESE PURCHASE TERMS DURING THE THREE-MONTH PERIOD PRECEDING THE DATE SUCH LIABILITY ARISES. If you are dissatisfied with any of the products purchased hereunder (for any reason other than injury to any person, in the case of consumer goods), your sole and exclusive remedy is set forth in the Section titled “45-Day SatisfactionGuarantee (Limited Warranty)”.The limitation of liability set forth in this section, including the disclaimer of damages, will apply not withstanding any failure of any limited or exclusive remedy of its essential purpose.APPLICABLE LAW MAY NOT ALLOW SOME OR ALL OF THESE EXCLUSIONS, LIMITATIONS ON REMEDIES, OR LIMITATIONS OF LIABILITY, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Nutricia, our parent and affiliates, and each of our and their respective officers, directors, employees, representatives and agents harmless from and against any and all claims, demands, losses, liabilities, and damages (including attorneys’ fees and court costs) arising out of your breach or alleged breach of these Purchase Terms.
Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached these Purchase Terms, for any failure or delay in fulfilling or performing under these Purchase Terms (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, public health emergencies, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, or riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of these Purchase Terms; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; or (i) other events beyond the reasonable control of the Impacted Party. The Impacted Party will use reasonable efforts to give notice of the Force Majeure Event to the other party and to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party will use reasonable efforts to resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.
If any provision in the Purchase Terms is invalid or unenforceable under any applicable statute, regulation, ordinance, order, or other rule or law, such provision shall be deemed to be reformed or deleted only to the extent necessary to comply with such statute, regulation, ordinance, order, or other rule or law, and the remaining provisions of these Purchase Terms shall remain in full force and effect.
These Purchase Terms are governed and shall be construed in accordance with the laws of the State of New York, without respect to its conflict of laws principles. If for any reason a claim proceeds in court rather than inarbitration, except for claims brought in a small claims court of competent jurisdiction, sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms shall be an appropriate state orfederal court located in the State of New York. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Dispute Resolution, Binding Arbitration, And Class-Action Waiver
YOU AND NUTRICIA ARE AGREEING TO GIVE UP ANY RIGHTS TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT, OR TO OTHERWISE LITIGATE CLAIMS, IN A COURTOR BEFORE A JURY (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION (EXCEPT FOR MATTERS YOU ELECT TO BRING INSMALL CLAIMS COURT, PURSUANT TO THESE PURCHASE TERMS).
Arbitration is different than court; there is no judge or jury in arbitration. However, an arbitrator must review these Purchase Terms and Conditions in the same way a court would. Moreover, an arbitrator can award on an individual basis the same damages and relief as a court. Such relief may include injunctive and declaratory relief or statutory damages, if applicable.
The arbitration will be administered by the American Arbitration Association(“AAA“) in accordance with theConsumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this “DISPUTE RESOLUTION, BINDINGARBITRATION, AND CLASS-ACTION WAIVER” Section. (The AAA Rules are available atadr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Actwill govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or these Purchase Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final andbinding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you intend to seek arbitration you must first send written notice to Nutricia of your intent to arbitrate (“Notice”). The Notice to Nutricia should be sent by U.S. Postal Service certified mail to: Nutricia North America,Inc., 9900 Belward Campus Drive, Suite 100, Rockville, MD 20850, Attn: General Counsel. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought.
Each party’s obligations with respect to the payment of filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse your fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in thecounty where you live or at another mutually agreed location. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting providedby law.
Notwithstanding anything to the contrary herein, you may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. Further, either you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You agree to an arbitration (or, if applicable, small-claims court proceeding) on an individual basis. In any dispute,NEITHER YOU NOR NUTRICIA WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. You and Nutricia also are precluded from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against the other party by someone else with respect to these Purchase Terms. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
A violation of these terms could result in having your online account terminated and any further orders, including those arising from your enrollment in the Auto Reorder program, cancelled. Nutricia may also prohibit you from re-registering on its website with a different name, address, or email
Other Important Information
We may assign, delegate, transfer, or sub-contract any of our rights or obligations under these Purchase Terms to any third party at our discretion and share information you provide to us with such third parties as reasonably necessary. No delay by us in exercising any right or remedy under these Purchase Terms shall operate as a waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver of any rights under these Purchase Terms by us must be agreed to by us in writing. These Purchase Terms supersede any other terms previously published by us, any agreement between you and us regarding the subject matter of these Purchase Terms, and any other representations, warranties, or statements made by us to you, whether oral, written, or otherwise. No different or additional terms and conditions contained in any purchase order, confirmation, or other document provided by you will apply to any transactions related to these Purchase Terms and such terms and conditions are expressly rejected by us.
If you have any questions regarding these Purchase Terms, you may contact us at 1-800-365-7354.