Purchase Terms and Conditions
Last Updated: June 28, 2023
We may revise these terms and conditions by updating this posting so be sure to check back regularly. By continuing to use this site after these terms have changed, you indicate your agreement with the revised terms.
This website is owned and maintained by Pure Encapsulations, a Nestlé Health Science U.S. brand, or its affiliates and subsidiaries (referred to herein as “Pure Encapsulations,” “we,” “us,” or “our” as applicable). These present Terms and Conditions (the “Terms”) govern your access to and use of our website www.pureforyou.com and associated webpages (the “Website”) and set out the basis upon which we sell products through the Website.
By accessing or using, or by placing an order to purchase products from us through our Website you accept and agree, without limitation or qualification, to comply with these Terms. If you do not agree or wish to be bound by these Terms, you should not access or use the Website.
1. TERMS OF SALE
1.1 Our Sales Contract
You will be subject to the Terms of Sale in force at the time you place an order, unless any change is required to be made to these by law or governmental authority (in which case it may apply to orders previously placed by you). You may exercise your right to cancel if you are not happy with the changes as they apply to your order.
1.2 Eligibility to Purchase
To purchase any products on or through this Website, you must: (a) be at least eighteen (18) years of age; (b) provide us with valid payment information associated with a credit, debit card or other payment method that you are authorized to use, and (c) authorize us to charge your credit, debit card or other payment method for the price of the products that you request, together with any taxes, fees, or shipping charges described on the Website.
We only sell through this Website to consumers located in the United States. We regard that we cannot accept orders from, or deliver to, anywhere else.
The products sold on the Website are for consumer purchase only and not for resale or distribution. You represent and warrant that you are purchasing products or services through the Website for your own personal use only, and not for resale or export. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
1.3 Orders and Order Confirmation
All orders are subject to acceptance and availability. If the products ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order. Any orders placed by you will be treated as an offer to purchase the products from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment or confirmation of your order which you may receive from us shall not amount to our acceptance of your offer to purchase products on the Website. The conclusion of a contract between you and us will take place when we (i) charge your credit, debit card or other payment account or (ii) dispatch the products to you or commence the services, whichever is the later, at which time we shall send you an e-mail confirming that the contract has been concluded (the “Dispatch Confirmation”). The contract will relate only to those products we have confirmed in the Dispatch Confirmation. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
1.4 Order Details and Changes
The descriptions, prices, availability, and other details of the items you order are those displayed on this Website on the date you place your order subject always to the provisions set forth below.
All prices are shown exclusive of applicable taxes and delivery charges which shall be calculated at checkout. Delivery charges, when applicable, will be billed at the rates indicated on the Website on the date you place your order, calculated in accordance with the size of the order and the delivery method you select. You will be advised of the delivery charges applicable to your order during the checkout process and before you place your order.
We always try to ensure that the descriptions, prices, availability, and other details of products shown on our Website are as accurate and up to date as possible, but our Website is a dynamic environment and occasionally genuine errors may occur. In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order, we are not required to sell the products to you at the price shown. If we discover an error in the price of the products that you have ordered, we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
We may change the prices and other sales details on our Website at any time without notice to you. We will not, however, apply the new prices or details to orders we have already accepted in accordance with Section 1.3 (Orders and Order Confirmation) above.
1.5 Payment Details
You hereby confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorize payment to us we will not be liable to you for any delay or non-delivery.
You hereby confirm that the credit, 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 items you order. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorize payment to us we will not be liable to you for any delay or non-delivery.
If your credit, debit card, or other payment method is not processed successfully for any reason, we reserve the right to reattempt to process payment within forty-eight (48) hours. In the event that the payment is still unsuccessful, we will give you at least forty-eight (48) hours’ notice in advance of any further reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order in advance.
1.6 Returns Policy
All products purchased from us and our authorized sellers are guaranteed for quality, purity, and potency through their expiration date. Products purchased from unauthorized sellers do not come with the guarantee. When you receive your item, you must check it as soon as possible following receipt and always before use. Returns must be made within thirty (30) days and require preauthorization. Any claims of shortage or damage must be made within seven (7) days of receiving package. All returns are subject to a 15% return fee.
To return your item contact us through email at firstname.lastname@example.org or call us at 1-844-419-7870. You must inform our customer service team of your order number, the item you are returning and the reason for return. We will then provide you with a unique returns authorization number and will confirm the address you need to return the item to. Please package the item securely and include inside the package your order number, name, and address. If you request a replacement and the product is no longer available, we will process the refund back to the original method of payment used to purchase the item. Any item you have accepted and then return is your responsibility until it reaches our warehouse and we shall not be liable for any loss, damage or costs incurred by you in the event your return is lost in transit. Please therefore ensure that you send your item back to us using a delivery service that insures you for the value of the products.
1.7 Subscribe & Save Program
The terms in this section supplement the Terms of Sale solely with respect to products ordered on our Website for auto-replenishment delivery (“Subscribe & Save Program”). By participating in the Subscribe & Save Program, you acknowledge that you have read and understand the Terms and Conditions (including the terms in this section) and agree to be bound by them. The Subscribe & Save Program will be operated in accordance with the procedures and policies posted on the Program Website (https://pureforyou.com/pages/subscriptions), including but not limited to those on the FAQ page, which is incorporated by reference herein.
Automatic Renewal. Your subscription begins as soon as your initial payment is processed. Your subscription will automatically renew and you will continue to be charged on a recurring basis per the delivery frequency you select (i.e., 30, 60, or 90 days) and without notice until you cancel. When starting a Subscribe & Save Program, you agree to be billed on a recurring, per-order basis until you cancel, and your subscription will automatically create a new order according to the delivery schedule you select, until cancelled. You authorize Pure Encapsulations or our payment processing provider(s) to store your payment method and to automatically charge your payment method for the items in your subscription order based on the delivery frequency you select until you cancel.
We will automatically charge you the total, then-current price of the item(s) in your subscription order on the date that order is processed, less the Subscribe & Save Program discount (i.e., 10% off all subscription orders), plus any applicable sales taxes and shipping fees (if applicable), each delivery frequency period until you cancel. YOU ACKNOWLEDGE AND AGREE THAT PURE ENCAPSULATIONS WILL NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM YOU FOR SUCH AUTOMATIC, RECURRING PAYMENTS.
We may change the price of an item in your subscription order at any time, and we will notify you of any price change with the option to cancel. If the price of a product in your subscription order changes, the new price will be displayed in your order review email and will be applied only on future shipments. You can review the price of an item in your subscription order and edit or cancel your subscription as described in the “Cancellation” section below.
The charge for each subscription order shipment will be billed to the payment method used to create your subscription or as otherwise directed by you. An email will be sent prior to each subscription order shipment verifying the total charge amount for the upcoming shipment. If your payment method fails, your subscription order will not be processed for shipment, and you will be notified that payment for your subscription order failed to process and provided with a link to update the payment information in your account. We will re-attempt to process payment at an interval of once per day for three (3) successive days. If your payment method is updated successfully within this time period, your subscription order for that delivery frequency period will be processed for shipment. If you fail to update your payment method and provide payment, we will not process your subscription order for shipment that delivery frequency period and any subsequent delivery frequency period unless and until you update your payment method. You can update or edit your payment information anytime via the ‘My Subscriptions’ tab in your account.
Offer is valid only for individual purchasers. Products are not intended for resale. No additional promotional coupons or offers can be stacked on the Subscribe & Save Program discount for items in your subscription order.
CANCELLATION. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL. YOU MAY CANCEL YOUR SUBSCRIPTION TO ANY PRODUCT AT ANY TIME BY SIGNING INTO YOUR ACCOUNT, NAVIGATING TO THE ‘MY ACCOUNT’ PAGE, AND SELECTING TO CANCEL UNDER ‘MY SUBSCRIPTIONS’ IN THE LEFT NAVIGATION OR BY CONTACTING US AT 1-833-780-1251. PLEASE NOTE THAT WE SUBMIT YOUR SUBSCRIPTION ORDER FOR PROCESSING ON THE EXPECTED PAYMENT DATE ASSOCIATED WITH YOUR SUBSCRIPTION. THUS, IF YOU WISH TO CANCEL YOU MUST DO SO BY ONE OF THE METHODS MENTIONED ABOVE PRIOR TO (BY 11:59 PM (EST)) YOUR EXPECTED PAYMENT DATE. If you do not cancel by 11:59 PM EST prior to your expected payment date, your upcoming order is non-refundable and your subscription will continue until the end of that delivery frequency period.
To view the expected payment date for your subscription, sign into your account, navigate to the ‘My Account’ page, click on ‘My Subscriptions’ in the left navigation, and this is visible as ‘Expected Payment Date’ noted on each of your subscriptions.
In the event you cancel, please note that we may still send you promotional communications about Pure Encapsulations, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
We may, in our sole discretion, cancel all or part of your subscription order at any time for any reason, in our discretion. If we do so, you will only be charged for items that have been shipped to you. We reserve the right to change the Subscribe & Save Program terms and benefits, including any discount amounts and eligibility used to determine discount amounts, at any time in our sole discretion. All changes will apply to future orders, including for current subscriptions.
We reserve the right, at our sole discretion, to modify or make changes to these Subscribe & Save Program terms at any time. If any change to these Subscribe & Save Program terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. Each such modification will be effective upon either posting at the Website or notice to you. YOUR CONTINUED PARTICIPATION AND USE OF A SUBSCRIBE & SAVE PROGRAM AFTER ANY SUCH MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTION.
1.8 Limitation of Liability
Without limiting the scope of these Terms of Sale and to the extent permitted by applicable law, our liability for losses you suffer as a result of our breach of these Terms of Sale or our negligence shall be no greater in amount than the purchase price of the products in respect of which damages are claimed.
Note that all statements and claims made on the website have not been evaluated by the Food & Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease.
1.9 Force Majeure
Pure Encapsulations will make every reasonable effort to fulfil its obligations. However, we shall not be held responsible or liable for any failure or delay to deliver, when and to the extent such failure or delay is caused by or results from circumstances beyond its reasonable control ("Force Majeure Events"). Such Force Majeure Events include, without limitation, strikes and industrial action by third parties, civil commotion, riots, wars, natural catastrophes, telecommunication breakdowns, power outages, and any other events that make impracticable or impossible the production, transportation, or delivery of products. In the event of delay caused by a Force Majeure Event, our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event. We will perform our obligations as soon as reasonably possible, and we reserve the right to allocate any remaining product supply among customers in a fair and reasonable manner. If we cannot perform our obligations due to Force Majeure Event, you may cancel your contract. To cancel, please contact us. You will have to return (at our cost) any relevant products you have already received, and we will refund the price you have paid, including delivery charges.
2.2 Intellectual Property
All content of our Website and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes (collectively, “Content”) are the property of Pure Encapsulations or its affiliated companies or are used with the authorization of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law. Except as provided in Section 2.3 hereinafter, nothing contained on our Website shall be interpreted or construed as granting you a license or a right to use any such Content of our Website.
2.3 Your Use of the Website
You may download, display or print the Content of our Website solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission or broadcast of the Content of the Website, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of Pure Encapsulations. Pure Encapsulations neither warrants, nor represents that your use of any content displayed on its Website will not infringe rights of third parties.
If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display the review throughout the world in any media. You grant us and our sub-licensees the right to use the name that you submit in connection with such content, if they choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
2.5 Information Deemed Non-Confidential
Any other information or material communicated to Pure Encapsulations through the Internet, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like, are and will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes the property of Pure Encapsulations and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Specifically, Pure Encapsulations is free to use any ideas, concepts, know-how, or techniques contained in any such communication you send to the Website for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using such information. Any such use is without compensation to those providing the information, nor anyone else.
By submitting information, you are warranting that you own the material/content submitted, that it is not defamatory, and that Pure Encapsulations’ use will not violate any third party’s rights. Pure Encapsulations is under no obligation to use the information provided.
2.6 Fitness, Nutrition, and Health Information
Information presented on this Website is intended to impart general fitness, nutrition, and health information. Pure Encapsulations is not engaged in rendering medical advice or services and submission of information to the Website and use of any services available on the Website does not create a doctor-patient relationship. THE INFORMATION PRESENTED ON THIS WEBSITE IS NOT INTENDED FOR TREATMENT OR DIAGNOSTIC PURPOSES. You should consult your doctor for medical advice or services, including seeking advice regarding a medical condition, illness, treatment and prior to undertaking a new diet or exercise program or utilizing any related services on the Website. Advance consultation with your doctor is particularly important if you are under eighteen (18) years old, pregnant, breastfeeding, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.
Please note that some Pure Encapsulations websites are clearly directed to medical professionals and the information contained on these websites is not intended for general audiences.
2.7 Text Message Service Terms & Conditions
By Opting In to a Text Message Service:
You authorize Pure Encapsulations to use automated and non-automated technology to send text messages to the cell phone number that you’ve shared when opting in, or which you’ve provided to us in connection with your account. You also authorize Pure Encapsulations to include marketing content in any such messages. You do not have to opt-in or agree to opt‑in as a condition of purchase.
After opting in, in addition to our main messages, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your opt-in.
You are signing your Opt-In to the Text Message Service.
You confirm that you are the account holder to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt-in.
You consent to the use of an electronic record to document your opt-in. To withdraw that consent, request a free paper or email copy of the opt-in, or to update our records with your contact information, please call 1-844-419-7870. To view and retain an electronic copy of these Terms & Conditions or the rest of your opt-in, you will need (i) a device (such as a computer or cell phone) with internet access, and (ii) either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails. These Terms & Conditions still will apply if you withdraw the consent mentioned above or opt out of the Text Message Service.
About the Text Message Service and Opting Out
Message and data rates may apply. Unless otherwise noted, our text message campaigns send multiple, periodic recurring messages. Pure Encapsulations may terminate any Text Message Service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these Terms & Conditions still will apply. You also can opt out by replying to our text with STOP or CANCEL. Your opt-out request may generate either a confirmation text or a texted request to clarify the Text Message Service to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification.
2.8 Limitation of Liability
By accessing, using, browsing and navigating on our Websites:
You warrant that: you are legally capable of entering into binding contracts; you are at least 18 years of age; the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity.
You authorize us to transmit information and to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
You recognize and accept that, to the fullest extent permitted by applicable regulations, neither Pure Encapsulations, any of its affiliates or subsidiaries, nor any other party involved in creating, producing or delivering the Website, may be held liable for any direct, indirect, or consequential damages, any injury to reputation, costs, losses, decrease in turnover or profits or liabilities of any nature whatsoever (even if the advent of such damage was known or could have been known by Pure Encapsulations), capable of arising from your access to, or use of, or on the contrary the impossibility to use, the Website or Content.
All materials which are downloaded or obtained by any other manner during the use of our Website is at your own risk and peril. Pure Encapsulations assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use of, or downloading of any material from the Website, or for any illegal intrusion or intervention in the IT systems.
Pure Encapsulations reserves the right to interrupt or discontinue any or all the functionality of the Website. Pure Encapsulations accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of the Website resulting from actions or omissions of Pure Encapsulations or any third party.
3. GOVERNING LAW; DISPUTE RESOLUTION
The Terms and any dispute arising under the Terms shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Massachusetts, without regard to its choice of law rules. In the event of a dispute over the terms or performance of the Terms, you expressly submit to personal jurisdiction and venue in the federal or state courts in Middlesex County, Massachusetts.
These Terms constitute the entire agreement between you and Pure Encapsulations with regard to your use of our Website and Content and purchases you made by you through our Website and supersede any and all other written or oral agreements or understandings previously existing between you and Pure Encapsulations. If any of the provisions of these Terms are held by a court to be void or unenforceable, such provisions shall be modified or deleted to the extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. Any failure or delay by Pure Encapsulations in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of Pure Encapsulations’ rights or remedies. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
5. HOW TO CONTACT US
If you have any questions about these Terms or the practices described herein, you may contact us at email@example.com or by mail to:
Pure Encapsulations, LLC
490 Boston Post Road
Sudbury, MA 01776