Terms and Conditions
Welcome to Grow with Simone's Healthy Living Shop (the "Website"), operated by Vitamin Portfolio LLC, a Massachusetts limited liability company ("Sponsor", "we", "our", or "us"). The Website enables visitors ("Visitors") who are at least eighteen (18) years of age to make purchases. These Terms and Conditions of Use (the "Agreement") set forth the terms and conditions which govern your use of the Website. Please read this Agreement carefully before accessing the Website. By accessing the Website, Visitors agree to be bound by the terms and conditions set forth in this Agreement. If Visitors do not wish to be bound by this Agreement, they are not authorized to use this Website. Sponsor reserves the right to modify this Agreement at any time, and you agree to review the Agreement periodically to be aware of such modifications and your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Agreement. You acknowledge and agree that you will consult with your physician if you have any questions or wish to seek advice regarding a medical condition, your diet, nutritional supplements, an exercise regimen or any other matter related to your health or general well-being. The Sponsor cannot and does not assess, verify or guarantee the adequacy, accuracy or completeness of any material or the suitability or safety of any product provided on this website. You bear sole responsibility for your own health and diet research and decisions.
THIS SITE DOES NOT PROVIDE ANY MEDICAL ADVICE
Any information on this Website is provided for educational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional. You should not use the information on this Website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this Website. Information provided on this Website and the use of any products or services purchased by you on our Website DOES NOT create a doctor-patient relationship between you and any of the physicians affiliated with our Website. Information and statements regarding dietary supplements available on this Website have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
For your convenience you may create an account on this Website (an “Account”). To protect your Account, you should choose a unique username and password that is not a name, birthday, street address, or other personal commonly known information associated with you. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your Account or password. You also agree to provide us with accurate, complete and current information, and to update information provided to us if and when such information should change. We reserve the right to cancel your Account for any reason at any time, in our sole discretion.
By creating an Account with us or by sending e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on this website. You consent to receive communications from us electronically. Further, you agree that all communications including but not limited to agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2. Commercial Transactions.
2.1 Purchases. Products are offered for sale through the Website. In the event you wish to purchase any of these products, you will be asked by Sponsor or an authorized third party on Sponsor's behalf to supply certain PII, including without limitation, your full name, address, telephone number and credit card information. You agree to provide Sponsor or such third party with accurate, complete and current information at all times, and to comply with the terms and conditions of this Agreement You shall be responsible for all charges incurred through your account as well as for paying any shipping and handling charges, and applicable taxes.
2.2 Payment. Your right to purchase products that are available for purchase through the Website is conditional on our receipt of payment for such products. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your account, thereby terminating this Agreement and all obligations hereunder.
3. DISCLAIMER OF WARRANTIES.
3.1 VISITORS ACKNOWLEDGE AND AGREE THAT THEIR USE OF ANY PRODUCT PURCHASED THROUGH THIS WEBSITE IS AT THEIR SOLE RISK. SPONSOR EXPRESSLY DISCLAIMS AND HAS NO RESPONSIBILITY FOR HOW YOU USE THE PRODUCTS PROVIDED THROUGH THE WEBSITE, AND MAKES NO PROMISES, GUARANTEES, PREDICTIONS OF SUCCESS OR ANY CLAIMS TO SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE IN PROVIDING THE WEBSITE. NO INFORMATION OBTAINED FROM SPONSOR, WHETHER PROVIDED ORALLY OR IN WRITING, SHALL CREATE ANY EXPRESS OR IMPLIED WARRANTY. SPONSOR SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, INJURY OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED DIRECTLY OR INDIRECTLY AS A CONSEQUENCE OF USING THE PRODUCTS SOLD ON THIS WEBSITE. SPECIFICALLY, SPONSOR DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.
3.2 SPONSOR MAKES NO GUARANTY OF CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE. OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE CONTROL OF THE SPONSOR.
4. Indemnity. You shall indemnify and hold harmless Sponsor from and against any and all claims, damages, liabilities, injuries, losses or expenses, including attorneys' fees and expenses of counsel and the collection thereof, that may be incurred by or asserted or awarded against Sponsor, arising out of or in connection with or by reason of, or in connection with the preparation for a defense of, any investigation, litigation or proceeding arising out of, related to or in connection with your use of our Website, your connection to our Website, your purchase of products or services from this Website, your breach of this Agreement, or your violation of any law or the rights of a third party.
5. Third Parties. Your participation, correspondence or business dealings with any third party found on or through the Website, regarding payment and delivery of specific goods, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Sponsor shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
7. Risk of Loss. All items purchased from the Website are shipped pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
8. Product Descriptions. Sponsor attempts to be as accurate as possible. However, Sponsor does not warrant that the product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. The appropriateness of use of a given product may vary depending on circumstances. Information may and is subject to change. If you believe a product offered by through the Website does not meet the product description, your sole remedy is to return it in unused condition.
9. Returns. You may return any product purchased on the Website within 30 days of delivery for a full refund. Once we have received and processed the returned product, we will notify you via e-mail of your refund. We will strive to issue a refund within 15 business days of our receiving your return. If you have not received a refund within 25 business days from the day you sent us your return, please e-mail us for further assistance. Returns should be carefully packed and shipped to:
4346 Belgium Blvd.
Riverside, MO 64150
10. Shipping. Currently we do not accept online orders from outside of the United States, U.S. Territories or Canada . When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose. Shipping date estimates will appear in the order form. After placing your order, you will see both shipping and delivery date estimates in the order confirmation e-mail. Shipping costs depend upon the method and option you choose:
Standard Delivery: Allow 5-10 business days. We use FedEx as our primary shipping carrier, but will occasionally use UPS or USPS as needed. All orders will have tracking numbers supplied to you with your order confirmation so you can track the location of your order through the shipping process. Standard Delivery orders regardless of size w/ regular handling: $9.95. Standard Delivery orders regardless of size w/ special handling (i.e. cool packs for probiotics): $12.95
2-Day Delivery: For in-stock products, all orders must be placed by 12 noon Eastern Standard Time. It is recommended that customers ordering probiotics consider this method of shipping. Please note that 2-Day delivery is 2-business days. Orders in by 12 noon on Thursday will be delivered the following Monday. Friday orders will be delivered on Tuesday. Deliveries to Hawaii and Alaska can not be guaranteed in 2-days. 2-Day Orders regardless of size w/ 2-Day handling adds $7.00 to the standard delivery fees.
Express Overnight Delivery: For in-stock products by the next business day, all orders must be placed by 12 noon Eastern Standard Time. Please note that Overnight Delivery does not include weekends. Friday orders placed by 12 noon will be delivered on Monday. Express Overnight Delivery is only available in the contiguous 48-states. Express Overnight Delivery regardless of Size w/ Express Overnight handling adds $20.00 to the standard delivery fees.
NOTE: Delivery times are estimated.
11. Payment. We accept the following credit cards: Visa; MasterCard, Discover and American Express. We also accept check cards from Visa and Mastercard. Our secure server encrypts all credit card information you enter. Occasionally, a request for credit card authorization fails before the card is finally authorized. If we experience difficulties in authorizing your credit card, we will notify you by phone or e-mail.
12. No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Sponsor by this Agreement.
13. Notices. Except as provided in the following sentence, all notices hereunder shall be given by certified mail, postage prepaid and return receipt requested, to: Vitamin Portfolio LLC, 55 Pittsfield Road, Lenox Massachusetts 01240 and to a Visitor at the address listed in such Visitor’s Profile.
14. Governing Law. You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of New York. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
15. General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by Sponsor, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
16. Contact Us. If you have any questions or concerns regarding the Website, please contact us by e-mail at email@example.com or write to us at Vitamin Portfolio LLC, 55 Pittsfield Road, Lenox Massachusetts 01240.
It is the intent of Vitamin Portfolio LLC (“Sponsor") to operate products through this Website consistent with the Medical Advisory Team at Vitamin Portfolio. However, Sponsor is not a healthcare practitioner or provider. To the extent that any information is provided through this Website, it is for general informational purposes only and is not intended to constitute or substitute for (i) medical advice or counseling, (ii) the practice of medicine including but not limited to psychiatry, psychology, psychotherapy or the provision of health care diagnosis or treatment, (iii) the creation of a physician-patient or clinical relationship, or (iv) an endorsement, a recommendation or a sponsorship of any third party, product or service by the Sponsor or any of the Sponsor's related companies, agents, employees, consultants or service providers. If you have or suspect that you have a medical problem, contact your health care provider promptly. Information and statements regarding dietary supplements available on this Website have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.