THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AND BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR ACCESS THIS WEBSITE.

 

Before you place an order, if you have any questions relating to these terms and conditions, please contact our Customer Service team by email, or call us at +1-916-342-1414. We are open Monday-Friday, 0900-1700. All calls to Customer Services will be charged at the local rate (other network charges may vary), and both inbound and outbound calls may be recorded for quality monitoring and training purposes.

 

01 DEFINITIONS

  • Conditions – means these terms and conditions and the Special Conditions
  • Product – means a product displayed for sale on the Website
  • Product Description – means that part of the Website where certain terms and conditions in respect of the individual Product are provided
  • Special Conditions – means the terms and conditions in the Product Description
  • Users – means the users of the Website collectively
  • Personal Information – means the details provided by you on registration
  • We/us – means Scott’s Supplements
  • Website – means the website located at scottssupplements.com or any subsequent URL which may replace it
  • Cookies – means small text files which our Website places on your computer’s hard drive to store information about your shopping session and to identify your computer
  • You – means a user of this Website.

 

02 USE OF THE WEBSITE

ACCESS

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

REGISTRATION

You warrant that:

  • The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
  • You will notify us immediately of any changes to the Personal Information by contacting our Customer Service Representatives by e-mail, or calling us at +1-916-342-1414 during our normal business hours.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.

INDEMNITY

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

OUR RIGHTS

We reserve the right to:

  • modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
  • change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

THIRD PARTY LINKS

To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

RECOMMENDATIONS

When you use our website, you’ll see that we offer you recommendations, showing products we think you might like and could perhaps miss when you’re browsing the site.

These are based on your past purchases, top sellers, ratings and recently-viewed products. We determine your interests and suggest new products you may like; additionally we compare your interests and buying habits with the interests and habits of other customers, to show you relevant products.

Your recommendations may change when you make a purchase and move around the site. You might like to add products that interest you to your wish list for future reference.

We take reasonable care to ensure our recommendations are in line with your behavior as a customer on this Website. Details of the products we recommend – such as price – are correct at the time recommendations are originally made to you, but can be subject to change without notice.

 

03 PRIVACY & COOKIES

We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable data protection and consumer legislation from time to time in place.

  • When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password.
  • We may also collect, and our third party providers of advertisements and content may collect, information about where you are on the internet (eg the URL you came from, IP address, domain types like .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website (“User Information”).
  • We may collect this information even if you do not register with us.
  • You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service, or be used to present you with products which are relevant to your browsing history when you visit other websites.

We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner’s Office. We use your information only for the following purposes:

  • Processing your orders;
  • For statistical or survey purposes to improve this Website and its services to you;
  • To serve website content and advertisements to you;
  • To administer this website;
  • To contact you about leaving a review on a product once your order has been completed;
  • If you consent, to notify you of products or special offers that may be of interest to you;
  • You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing;
  • When you create a shopping account while ordering online you will be given the option to receive information from Scott’s Supplements by post, e-mail or telephone, about products, promotions or special offers which we feel may be of interest to you;
  • In the event that you do not wish to be contacted for such purposes, ensure that you tick the appropriate box as you go through the registration process. You may unsubscribe from our contact list at any time by replying to a promotional e-mail with the word “unsubscribe” in the subject line, by e-mailing us at [email protected] or calling us;
  • Your Personal Information may be disclosed to other businesses within the Scott’s Supplements partnership and to reputable third parties who will help process your order. Scott’s Supplements requires all such third parties to treat your personal information as fully confidential and to fully comply with all applicable data protection and consumer legislation from time to time in place. We will not release your Personal Information to any 3rd party company for mailing or marketing purposes;
  • You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.

04 TRADEMARKS & OTHER IP RIGHTS

The “scottssupplements.com” logo is a trademark of Scott’s Supplements.. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on this Web Site is owned, controlled or licensed by or to Scott’s Supplements and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in this Terms and Conditions of Use Agreement, no part of this Web Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Scott’s Supplements’s express prior written consent.

 

05 INDEMNITY

You hereby agree to indemnify and hold Scott’s Supplements, and our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the content on this Web Site, or any content you submit, post, or transmit through this Web Site, your use of this Web Site, your connection to this Web site, your violation of this Terms and Conditions of Use Agreement, or your violation of any rights of another.

 

06 LINKS/SOFTWARE

Links from or to websites outside this Web Site are meant for convenience only. Scott’s Supplements does not review, endorse, approve or control, and is not responsible for any sites linked from or to this Web Site, the content of those sites, the third parties named therein, or their products or services. Linking to any other site is at your sole risk and Scott’s Supplements will not be responsible or liable for any damages in connection with linking Scott’s Supplements disclaims all warranties, express and implied as to the accuracy, validity and legality of any materials or information found on those sites. Links to downloadable software sites are for convenience only and is not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

 

07 AVAILABILITY OF OUR WEBSITE

This Web Site is generally available to users Twenty-four (24) hours per day, Seven (7) days per week, Three Hundred Sixty-five (365) days per year. However, Scott’s Supplements retains the right to make our Web Site unavailable at any time, for any reason, and for any length of time. By using this Web Site, you agree that Scott’s Supplements will not be liable for any damage arising out of or related to any such interruption, suspension, or termination of this Web Site and/or the services or products contained therein. Upon acceptance of these terms and conditions of use, Scott’s Supplements authorizes you to view the Content on the Web Site solely for your personal use. The material on the Web Site is intended solely for individuals inquiring about our products or services. If you are not accessing the Web Site for such purposes, you may not use the Web Site. For certainty, use by non-individuals or the agents, attorneys or representatives of non-individuals is prohibited.

 

08 INFORMATION YOU PROVIDE SCOTT’S SUPPLEMENTS

Our collection and/or use of any information you provide while using or visiting this Web Site is governed by the Privacy Policy and this Terms and Conditions of Use Agreement. By using this Web Site, you grant us the rights contained therein. In using this Web Site, you may not upload, distribute, or otherwise publish on this Web Site any information which may be viewed as obscene, defamatory, libelous, threatening, abusive, illegal, an invasion of privacy rights, or otherwise objectionable, or may constitute or encourage a violation of any law. Except for that individually-identifiable information collected from you in accordance with our Privacy Policy, all comments, remarks, suggestions, ideas or other information communicated will become the exclusive property of Scott’s Supplements, and you grant to Scott’s Supplements a royalty-free, perpetual, irrevocable, world-wide, non-exclusive license to use or reproduce the same. Scott’s Supplements is free to copy, disclose, distribute or analyze any such information for any and all purposes and are in no way obligated to compensate you for any such information.

 

09 DISCLAIMER OF WARRANTIES

Scott’s Supplements provides content on this web site as a service to you, our customer. This web site cannot and does not, contain information about all applications for products sold. It may not contain all information that is applicable to your personal circumstances or your use of products sold. the content of this web site, the web site server that makes it available, and the services and products Scott’s Supplements provides on this web site, are provided on an “as is” and “as available” basis without warranty of any kind, whether express, implied or statutory.
Scott’s Supplements expressly disclaims liability for technical failures (including hardware or software failures), incomplete, scrambled or delayed computer transmissions, and/or technical inaccuracies, as well as unauthorized access of user transmissions by third parties. Further, Scott’s Supplements neither represents nor warrants that any viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system. You have sole responsibility for adequate protection and backup of data and/or equipment and to take all precautions to scan for computer viruses or other destructive properties. By your use of this web site, you acknowledge that such use is at your sole risk, including responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with this web site to the full extent not precluded by applicable law. Scott’s Supplements, their medical advisors, suppliers, consultants, directors and employees disclaim and exclude all warranties with respect to all content, express, implied or statutory. This disclaimer includes, but is not limited to, any and all warranties or merchantability, fitness for a particular purpose, and non-infringement.
Scott’s Supplements does not warrant that this web site will operate without error, that defects will be corrected or that this web site or the web site server making it available are free of viruses or other harmful components. price and availability content, as well as other content contained in this web site or accessible therefrom, is subject to change without notice.
You acknowledge and agree that Scott’s Supplements does not endorse the content of any site accessed via links or other means from this web site and it is not responsible or liable for such content even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another person. This web site includes content provided by third parties and you, our customer.

  • Scott’s Supplements is a distributor of such content and not its publisher.
  • Scott’s Supplements editorial control of such content is the same as that of a public library or newsstand.
  • Scott’s Supplements’s third party suppliers may express certain opinions or provide certain information and offers.
  • Scott’s Supplements makes no warranties as to the completeness, accuracy, timeliness, or reliability of information or offers supplied by third parties.
  • Scott’s Supplements does not guarantee or warrant the performance of any third party, including any such third party’s conformance to any law, rule, regulation or policy.
  • Scott’s Supplements does not warrant that information, services, and products contained in this web site will satisfy your requirements or that they are error or defect-free.

Before using any product, you should confirm any information of importance to you on the product packaging. You assume responsibility for the accuracy, appropriateness and legality of any information you supply Scott’s Supplements. As partial consideration for your access to this web site and use of its content, you agree that Scott’s Supplements is not liable to you in any manner whatsoever for decisions you may make or your actions or non-actions in reliance upon the content. You also agree that the aggregate liability of Scott’s Supplements arising from or related to your use and access regardless of the form of action or claim (for example, contract, warranty, tort, negligence, strict liability, professional malpractice, fraud, or other bases for claims), is limited to the purchase price of any items you purchased from Scott’s Supplements in the applicable transaction. Scott’s Supplements shall not in any case be liable for any direct, indirect, special, incidental, consequential, or punitive damages even if Scott’s Supplements has been advised of the possibility of such damages. This is a comprehensive limitation of liability that applies to all loses and damages of any kind. If you are dissatisfied with this web site or its content (including terms of use), your sole exclusive remedy is to discontinue using this web site. Because some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, such limitation may not be applicable to you.

10 YOUR AGREEMENT TO ABIDE BY ALL APPLICABLE LAWS

By using this Web Site you agree to comply with any and all local, provincial, state, federal, or international laws, statutes, and regulations that relate in any manner to the use of this Web Site and the associated services or products contained thereon.

 

11 RELATIONSHIP BETWEEN THIS WEBSITE AND USERS

Scott’s Supplements and users of our Site are independent contractors, and no agency, partnership, employment or other relationship is created or is intended to be created by the use of our Web Site. Governing Law and Jurisdiction This Web Site (excluding linked sites, if any) is administered and controlled by Scott’s Supplements and its affiliates, subsidiaries, officers, directors, employees or agents from its offices in the accordance with the laws of Palm Beach County Fl. You agree that this Terms and Conditions of Use Agreement and this Web Site will be governed by and construed in accordance Palm Beach County Fl law without giving effect to any principles of conflicts of laws. You access this Web Site and/or associated services of scottssupplements.com at your own risk, and remain responsible for complying with the laws of the jurisdiction within which you are located. Re: International Orders; Prices; Payment Terms; Interest The prices for the products and services on this Web Site are quoted, for convenience, in United States dollars and shall be as set forth in this Web Site as at the time of acceptance of an order by Scott’s Supplements. Prices for Products shall be subject to change without any further notice. Credit terms are within Scott’s Supplements’s sole discretion, and unless otherwise specified in scottssupplements.com’s invoice, payment must be received by scottssupplements.com prior to Scott’s Supplements’s acceptance of an order. Scott’s Supplements reserves the right to suspend or terminate your account if you violate the Terms of Use Agreement. If your violation causes harm to others, you agree to indemnify and hold Scott’s Supplements harmless from and against any and all loss, damage, or expense. If any dispute arises between us regarding this Agreement or your use of this Web Site, it shall be resolved through good faith negotiations between the parties.

 

12 ENTIRE AGREEMENT

These Terms and Conditions and any terms incorporated or referred to herein constitute the entire agreement between Scott’s Supplements and you relating to your use of this Web Site and the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing, or by Scott’s Supplements making such amendments or modifications in accordance with this Terms and Conditions of Use Agreement.

 

13 SEVERABILITY

If any part of this Terms and Conditions of Use Agreement is deemed or determined to be unenforceable, then such part shall be eliminated or limited to the minimum extent necessary. The remainder of this Terms and Conditions of Use Agreement, including any revised portion, shall remain and be in full force and effect. This Terms and Conditions of Use Agreement are the entire agreement between us governing your use of this Web Site.

14 HEADINGS

The headings contained in this Terms and Conditions of Use Agreement and the scottssupplements.com Privacy Policy are for reference only.

15 FORCE MAJEURE

Scott’s Supplements shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, delays due to back orders of requested products, mail delays, customs delays or lost shipments. Scott’s Supplements shall not be responsible to notify the Customer in the event of such delays. The Customer shall be solely responsible to make other arrangements to purchase alternative products and any costs incurred in connection with such purchases.

16 COMPLETE AGREEMENT

Except as expressly provided in a particular “legal notice” on this Site, these Terms and Conditions constitute the entire agreement between you and this Site with respect to the use of this Site, and Content. By clicking “I agree” when placing your order, you agree with our Shipping and refunds Policy. Thank you for your cooperation.