Patient Direct - Terms of Sale
Patient Direct Terms of Sale
Last Updated: June 1, 2023
These Terms of Sale set out the basis upon which Pure Encapsulations, LLC (“Pure Encapsulations”) sells goods through the Pure Patient Direct virtual dispensary service at https://patientdirect.pureencapsulationspro.com/ (“Pure Patient Direct”) available on our Pure Encapsulations Pro website at https://www.pureencapsulationspro.com/ (the “Website”) (collectively, the “Services”).
In these Terms of Sale, the terms “we”, “us”, and “our” refer to Pure Encapsulations and its affiliates.
Purchase of Pure Encapsulations products from third-party brick-and-mortar locations or via third‑party websites are not covered by these Terms of Sale. Third-party terms and conditions will apply to such sales, as applicable.
1. Our Sales Contract
- Each order placed directly with Pure Encapsulations by means of Pure Patient Direct shall be governed by these Terms of Sale. By placing an order, you acknowledge that you have read, understood, and agree to comply with these Terms of Sales without reservation. Please read them carefully.
- Sales through Pure Patient Direct are for individual patient purchase only and not for commercial resale or other business purposes and we may cancel orders or limit volumes of products sold to each buyer accordingly.
- We reserve the right to modify these Terms of Sale at any time, in our sole discretion. If we decide to modify these Terms of Sale, we will notify you by making the revised version available on the Services and will indicate at the top of this page the date that revisions were last made. Any such changes will be effective upon our posting. You are responsible for staying informed of any changes and are expected to revisit this page from time to time, as revised versions will be binding on you. Your continued use of the Pure Patient Direct and the Services after a posted change in these Terms of Sale will constitute your acceptance of and agreement to such changes.
- When you place an order through Pure Patient Direct, we will confirm receipt of your order by sending an acknowledgement to your email address. Please note that this is only an acknowledgment that we received your order and not an acceptance of your order. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or no reason at all.
- When we dispatch your products, we will send a confirmation to your email address (“Shipping Confirmation”) which will be our acceptance of your order creating a legally binding sales contract between you and us subject to and in accordance with these Terms of Sale. The contract will relate only to those products whose dispatch we have confirmed in the Shipping Confirmation. We recommend that you print or download a copy of these Terms of Sale and the relevant Shipping Confirmation for future reference.
- The unauthorized resale of Pure Encapsulations products is strictly prohibited. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
- If we do not accept your order for any reason, we will send a message to your email address. Your order will be cancelled and any payment refunded.
2. Order Details and Changes
- The descriptions, prices, availability, and other details of products will be as set out on the Services at the time you place your order subject always to the following provisions set out below.
- All prices for the item(s) you order are shown in United States Dollars, exclusive of sales tax. Our shipping, handling, and processing charges are payable in addition as also shown on the Services. You will be advised of delivery charges applicable to your order during the checkout process and before you place your order. The total price specified in the final check out screen includes applicable taxes, shipping and handling, and processing charges, if any. This price will be recorded in the Shipping Confirmation, which we recommend you print or download for future reference.
- We try to ensure that the descriptions, prices, availability, and other details of our products published on the Services are as accurate and up to date as possible, but our Services are a dynamic environment and sometimes inaccuracies and errors may occur. Although we make reasonable attempts to have items in stock, occasionally items may be temporarily out of stock. If any item in your order is out of stock and we are unable to ship it to you within our normal order processing timelines, we will notify you of the delay and your options to cancel the order and receive a refund, if those options are available, by following the directions specified in the notice.
- We may change the prices and other sales details on the Services, including these Terms of Sale, at any time and we may give prior notice to you but do not have to do so. We will not, however, apply the new prices, details, or terms to orders which we have already accepted. In the event a product is listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for the product listed at the incorrect price, and to cancel any order in case of writing, printing, or calculation errors.
- Please note that any images on the Services are for general illustration purposes only and may vary from the actual products. All features, content, specifications, sizes, and prices of products and services described or depicted on the Services are subject to change at any time without notice. Packaging may vary from that shown. In addition to online details, please read the labels and other instructions provided with the products carefully before use.
- You hereby confirm that you will provide all details in connection with your order accurately and honestly. If you do not do so we may be unable to accept your order or be delayed in delivering your products. We are not responsible for any shipping or fulfillment errors that result from your failure to provide accurate information. You may have legal liability to us, and we may contact law enforcement or other appropriate third-party agencies, if you act fraudulently or dishonestly.
3. Payment Details
- You hereby confirm that any credit or debit card or other payment facilities you use belong to you, and that there are sufficient funds or credit facilities to cover the price of the products you order. You agree to be responsible for all charges incurred by you or through an account with Pure Patient Direct you establish on the Services, including all applicable taxes, shipping and handling, and processing charges, if any, associated with purchases.
- We require all payments to be made through the payment options made available to you on the Services. These options may include a valid credit card, debit card or other available online payment method. By placing an order through Pure Patient Direct on the Services, you authorize us and our representatives to process your payment for the amount stated, including taking all actions necessary to collect payment, and represent to us that you are authorized to use the form of payment that you provide. Some forms of payment require authorization and/or involve multiple steps including customer authentication. We, and our third-party payment processor, if any, reserve the right to carry out reasonable checks and obtain appropriate validation of your order details including with third-party agencies.
- If the payment process is not completed fully or we, or our third-party payment processor, if any, have concerns regarding any aspect of your order we may suspend or cancel your order.
- We will deliver your products to the delivery address you specify at the time you place your order. We will always try to deliver your products within our estimated delivery times, if any, but actual delivery times are outside of our control. Any dates we give you for delivery are approximate only. Please treat them as such. We cannot be responsible for any loss or disappointment caused by delays.
- We normally deliver all items in a multiple product order together, but we may split your order into separate deliveries if doing so will allow us to deal with your order more efficiently and effectively.
- Your order will be shipped after your payment has been approved and all other necessary verifications have been completed. Orders are typically shipped on the business day following completion of credit approval and all other verifications.
- Deliveries can only be made to locations in the United States of America.
5. Returns Policy
- It is your responsibility to verify the quantity and condition of the merchandise upon delivery and always before use. Returns must be requested within thirty (30) days of delivery and require preauthorization. Any claims of damaged or missing items must be made within seven (7) days of delivery date. Claims for orders lost in transit must be made in (30) days of the shipped date.
- To initiate a return request, you will need to log in to your account on Pure Patient Direct, navigate to the menu in your account portal, click on “Order History,” select “Return” for the item you wish to return, and provide the information requested. Once you’ve submitted the necessary information, you will receive an email confirming your return request and customer service will take steps to validate your return. Upon validation, you will receive another email within two (2) business days confirming that your return request has been accepted and we will process a credit in the amount of the original purchase price (excluding taxes) back to the original method of payment you used to purchase the item.
- It takes up to five (5) business days to process returns and credit your account once the return has been accepted. Please note that your financial institution may take longer to reflect the transaction.
- Items for which a return request has been accepted will not need to be sent back to us except in the unlikely event there may be a quality control issue, in which case our customer service team will provide you with instructions and all the information you will need to send the items back to Pure Encapsulations (costs of shipping will be covered by us).
- If you experience any issues in submitting your return request through your account portal in Pure Patient Direct, please contact us by email at firstname.lastname@example.org or call us at 1(800)753-2277.
- UPON DELIVERY, YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE, HANDLING, STORAGE, USE, AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS BEFORE CONSUMING SUCH PRODUCTS, INCLUDING READING ANY WARNINGS OR INFORMATION PROVIDED ON PRODUCT PACKAGING RELATED TO ALLERGENS AND INGREDIENTS.
- WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. 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 SERVICES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES.
- THE PRODUCTS MADE AVAILABLE TO YOU ON THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLEASE NOTE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
7. Limitation of Liability
- WITHOUT LIMITING THE SCOPE OF THESE TERMS OF SALE, NO CLAIM OF ANY KIND, WHETHER AS TO PRODUCTS DELIVERED OR NON-DELIVERY OF PRODUCTS, OR OTHERWISE, SHALL BE GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. IN NO EVENT SHALL PURE ENCAPSULATIONS OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE (EVEN IF THE POSSIBILITY OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY PURE ENCAPSULATIONS), CAPABLE OF ARISING IN CONNECTION WITH ITS PRODUCTS, THEIR USE, SALE, OR THE SERVICES (WHICH INCLUDE PURE PATIENT DIRECT AND THE WEBSITE).
- As we sell through Pure Patient Direct only to individual patients, we shall not in any event be liable to you or anyone else in relation to our contracts or sales of goods through the Services for business-related loss, damage, or costs such as lost data, lost profits, or business interruption.
- We shall have no liability for loss, damage, or costs in relation to our contracts or sales of goods through our Services attributed to: (a) your own fault or mistake; (b) a third party unconnected with our own performance; or (c) any other events which are outside our or our suppliers' control even if we or they have taken reasonable care.
- We do not however limit or exclude warranties or our liability to you or anyone else in relation to our contracts or sales of goods through our Services where, or to the extent, such limitation or exclusion is prohibited by law.
- THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF SALE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
8. Force Majeure
- Pure Encapsulations will make every reasonable effort to fulfill its obligations. However, Pure Encapsulations cannot be held responsible for delays or failure to deliver caused by circumstances beyond its reasonable control. Such circumstances include strikes, wars, natural catastrophes, or any others that make impracticable the production, transportation, or delivery of products.
- In the event of delay, Pure Encapsulations will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining product supply among customers in a fair and reasonable manner.
9. Governing Law
- These Terms of Sale, all transactions through the Services, and all related matters, regardless of your location, are governed by, and construed and enforced solely in accordance with, the laws of the State of Massachusetts, without regard to its conflicts of law rules.
- Our failure to exercise or enforce any right or provision in these Terms of Sale will not constitute a waiver of that right or provision or any other rights or provisions included within the Terms of Sale.
- If any provision of these Terms of Sale is deemed unlawful, void, or unenforceable, the remaining provisions will remain in place and the invalidated provision will be deemed replaced by an enforceable provision that most closely reflects the intent of the parties.
- Only you or Pure Encapsulations have the right to enforce any provision under these Terms of Sale.
11. How to Contact Us
If you have any questions or comments about these Terms of Sale or Pure Patient Direct, please contact us via email at email@example.com, by calling 1(800)753-2277, or mail to:
Pure Encapsulations, LLC
490 Boston Post Road
Sudbury, MA 01776