DEFINITIONS AND INTERPRETATIONS
In these terms and conditions:
Reference to “we”, “us” and “our” is a reference to Mind Nutrition, LLC.
Reference to “you” is a reference to the purchaser of the Goods from us.
“Contract” means the contract between us for the sale and purchase of the Goods which incorporates these Terms.
“Goods” means the supplements and other items purchased by you from us.
“Terms” means these terms and conditions.
These Terms are the only terms and conditions on which we contract for the sale of Goods and they form an integral part of the Contract between us. If we agree to vary any of the terms, the variation must be in writing confirmed by our duly authorised representative and by you.
All information and materials on this site are provided on an 'as is' basis and are not intended in any way to be comprehensive. Anyone making use of this site does so at their own risk and visitors to the website are advised to take independent professional advice before acting on any information or materials found here. We accept no responsibility and give no representations or warranties, express or implied, that any of the information and materials on this site are complete, accurate or free from errors or omissions. We reserve the right to update any of the documents, data and other information on this website at any time without notice.
By creating an account on our website, you hereby agree to allow us to send you periodic news, updates and product announcements. You must maintain a valid e-mail address in your profile in order to be eligible for an account with us.
Your privacy is paramount to us. Rest assured that we will not provide or disclose your e-mail address to any third party, and that the content of our e-mails will be limited to content strictly related to our website, company and products. All personal information submitted to us, including, but not limited to, names, IP addresses, home addresses, phone numbers, and e-mail addresses, is held securely on our servers in the highest confidence. Unless ordered to release it by a court of law, it is never shared with any third party whatsoever.
We reserve the right to edit or delete content submitted to our site that violate company policies and/or are found to be offensive or violent in nature. Users that frequently post this type of material may be restricted or banned without notice.
From time to time we may look up the e-mail addresses and IP addresses stored on database and use this information for maintenance or investigative purposes, in order to prevent abuse of our systems. Again, without an order from a court of law, it is never shared with any third party whatsoever.
Members shall be held liable for any and all costs incurred by us as a result of a user's violation of these terms and conditions. This is including, but not limited to, attorney fees and costs resulting from administrative responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings.
The content of this website is the copyright of the Mind Nutrition, LLC unless otherwise stated. You may copy or use any page or document for your own personal purposes or send it on to someone known to you solely for information and free of charge but only on the condition that (a) you make it clear that copyright belongs to us, (b) your use of any such material is not misleading and (b) it is not used for any commercial purposes. Unauthorized use of any materials on the website that violates any of these conditions or any relevant copyright, trademark and other laws could result in legal proceedings.
LINKS TO THIRD PARTY WEBSITES
We may provide links to third party websites but we do this as a convenience to users of this site. We do not control or accept any responsibility or liability for third party websites or their content.
LINKS TO THIS WEBSITE
If a link to this website is created from a website that in our opinion is unacceptable, we reserve the right to require the removal of that link. No-one who creates a link or is granted permission to link to our website may use our logo or any other proprietary graphic or trademark or represent themselves as being part of our website or business.
By submitting the free product samples request form via our website, you hereby agree to provide us with your personal information which will be securely stored on our servers, primarily for the reason of sending your free samples.
This information will never be shared with third parties, however by submitting a sample request you agree that we may use your information, including but not limited to, your e-mail address, in order to keep you up-to-date about our website, products or information relating to our company.
Due to high demand for product samples, these are strictly limited to 2 per customer, per request. If you request more than 2 at a time, only the first two will be counted, and the rest removed. This is to protect ourselves and avoid anyone trying to take advantage of the offer. If there is a delay in sample(s) being dispatched, this will usually be due to high demand and samples will be dispatched soon after.
Samples average 4 capsules per product, and currently we do not offer samples of our powdered products. This may change in the future.
We understand some customers may choose to have more discretion on their orders, and for this we offer a discrete packaging option.
Typically, orders are shipped in plain brown packaging with no markings on the shipment other than addresses. Discrete packaging removes any names from return addresses and ensure that your order is sent as discretely as possible.
RETURN AND REFUND POLICY
You may return any new, unopened items within 30 days of delivery, for a full refund.
We will only cover the shipping fess for a return only if the return is a result of our error (if you received an incorrect or defective item).
Refunds are usually processed within a few days of us receiving the returned item, however, in many cases you will receive a refund immediately provided the item is returned in mint condition.
If you need to return an item, simply send us an email with your full order details.
If for any reason you are dissatisfied with a product, you may return it to us within 30 days of your date of purchase for a full refund of the purchase price. We need to verify that the product hasn't been used in its entirety before issuing a refund and so we will not issue any refunds unless the product(s) in question are returned to us first.
We offer free samples of most of our products on the front page of our stores. Please take advantage of the offer before placing an order.
Conditions for returns:
Lost Items & Replacements:
Orders within the USA
The only strict policies we have are those which concern either regular 1st class postage within the USA or regular airmail for international orders. For peace of mind and faster deliveries, please use 1st Class Signed For or Special Delivery for orders in the USA and Airsure or ISF if you are ordering from abroad.
TERMS OF SALE
1.1 The price of Goods quoted on our website includes taxes.
1.2 The cost of packaging and postage/carriage is shown separately and (in the case of special orders) will be quoted by us on request and payable separately from the price of the Goods.
1.3 All published prices are subject to change at any time without notice.
2. ORDERING GOODS ONLINE
2.1 You warrant to us that all information which you are required to provide when ordering Goods online is accurate and complete in all respects at the time of the order and that this information relates to you/the person placing the order and not to any third party.
2.2 When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will only be confirmed when it is verified by us.
2.3 Any error in any ordering process due to technical or other reasons beyond our control entitles us not to treat the order as being binding on us.
If you place an order, you will have to provide personal information to us. We will not disclose that information to any third party without your consent, except for the purpose of processing the order and arranging delivery.
4.1 All payment for Goods and for the cost of packaging and delivery must be made before the Goods are delivered.
4.2 Payment online will be made by credit or debit card or PayPal. At our discretion, we may accept payment by other means. In all cases, delivery will not occur until we are satisfied that the payment has been made. In the case of a payment by cheque, this will be after the cheque has been cleared.
5.1 We will give you an estimated delivery date for the Goods but no times or dates provided by us are guaranteed.
5.2 We will arrange for packing and we will decide on the method of delivery either by post, courier or otherwise.
5.3 You must notify us promptly and in any event within 48 hours or receipt of any Goods if they appear to be damaged in transit. In those circumstances, you must also keep all packaging as this may be required when making a claim.
6.1 You will have a right to cancel an order within 7 working days from the date that you receive the Goods. Cancellation must be confirmed to us by notice in writing.
6.2 You must take reasonable care of all Goods in your possession and return them to us, appropriately packaged to avoid damage, within 7 days from the cancellation date. We reserve the right to arrange collection, in which case you will be responsible for collection charges.
6.3 We will refund the purchase price to you within 30 days of the cancellation notice but we reserve the right to charge a restocking fee and any other reasonable costs we incur in connection with the return of the Goods.
6.4 In the case of Goods which are made and supplied to your specification or which have been personalised for you, you will not have the right to cancel the Contract.
7. RISK AND OWNERSHIP
7.1 The risk of loss or damage to Goods passes to you upon delivery. If you have agreed to collect the Goods from us, the risk in those Goods passes to you on collection (or 7 days after the agreed collection date if you have not collected the Goods by then).
7.2 Ownership in all Goods remains with us until full payment of all amounts due to us have been received from you.
7.3 You will be responsible for the safe custody and insurance of all Goods in your possession.
7.4 You have no right to re-sell any Goods until payment has been received in full by us.
8. WARRANTIES AND LIABILITY
8.1 We warrant to you that the Goods ordered by you will meet the description as shown on our website (or any other description given to you in writing).
8.2 We will not have any responsibility for any damage which occurs to the Goods after delivery.
8.3 If any defect in any Goods appear, you must notify us as soon as you become aware of the defect, giving us full details. We will then decide, in consultation with you, whether the defect is our responsibility. If so, we may arrange either to repair the defective Goods or to replace them with similar Goods. Any defective Goods to be returned to us must be returned at your expense unless otherwise specified
8.4 We will not accept any responsibility for any wear and tear, accidental damage or failure by you or by any third party to adhere to any written recommendation provided in relation to the Goods.
8.5 Liability to you for loss or damage shall under no circumstances exceed the total amount you have paid us for those Goods. (However, we acknowledge that we cannot exclude legal liability for death or personal injury which is proved to be due to our negligence).
9.1 If you wish to give us any notice relating to a matter covered by these Terms, whether you telephone us or not, you must confirm that notice in writing via e-mail.
10. CUSTOMER DEFAULT
• give us any incorrect personal information, or
• fail to make any payment when it is due, or
• cancel any payment, or
• become insolvent, or
• commit any breach of these Terms
then, in any of those events, we have the right to cancel the Contract and recover possession of any Goods which have been supplied for which payment has not been received in full.
11. FORCE MAJEURE
We will not have any liability to you if we are prevented from performing any of our obligations on account of any circumstances beyond our reasonable control including, but not limited to, fire, flood, act of nature, terrorism, war, internet disruption, power failure, strike or difficulty in obtaining materials and/or labour. In any of these circumstances we reserve the right to cancel (or, at our option, to suspend) the Contract.
12.1 Severance: If any provision in these Terms is held by a court to be unenforceable, that will not affect the remaining provisions of the Terms.
12.2 Entire Agreement: These Terms govern our relationship with you and in accepting them, you confirm that no other arrangement, agreement or representation applies.
12.3 Assignment: We reserve the right to assign any of our rights or obligations under the Contract to a third party on the basis that the existing contractual terms will become the responsibility of that third party. You will not be able to assign any of your rights or obligations without first getting our written consent.
13. INTELLECTUAL PROPERTY
Where the Goods include designs or works of art, these are prepared by a designer or artist who owns the copyright in those works. You have no right to make any copies or adaptations of any of those Goods.
14.1 If there is a dispute which we cannot settle by direct negotiation, we may require that it is referred to mediation before any legal proceedings are commenced. In that event, the mediation will be conducted in accordance with the CEDR (Centre for Effective Dispute Resolution) mediation rules current at the date of the dispute.
14.2 Any dispute between us will be finally determined by a US Court of Law and you agree to submit to the jurisdiction of those courts.
15. GOVERNING LAW
These Terms and the Contract between us are governed by US Law.