Terms of Service

Terms & Conditions

Read these Terms & Conditions (“this Agreement”) for important information about our services. This Agreement has been prepared as a legally binding agreement between you and Vitahealth Apothecary (“we”, “us”, “our”).

Please read this Agreement carefully and completely before using https://vitahealthapothecary.com/ (the “Site”) or any services or goods provided through or in connection to Vitahealth Apothecary. By accessing and using the Site, you agree to be bound by this Agreement, by and between you and Vitahealth Apothecary, which incorporates by this reference any additional terms and conditions posted by Vitahealth Apothecary through the Site. The information and resources contained on and accessible through the Site are made available by Vitahealth Apothecary and its other third parties, in each case subject to your agreement to the terms and conditions of this Agreement.

BY ACCESSING AND USING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. DO NOT USE THE SITE OR PURCHASE PRODUCTS FROM THE SITE IF YOU DO NOT AGREE TO THIS AGREEMENT.

Revisions to this Agreement

This Agreement is subject to change at the discretion of Vitahealth Apothecary. We may make revisions to this Agreement and will post the amended version of the Agreement to the Site. Unless otherwise stated in the Agreement, any changes made to the Agreement will apply immediately upon posting. We are in no way obligated to provide you with notice of any changes. You should periodically review this page to determine if this Agreement has been changed. Your continued use of this Site will constitute notice and acceptance of any such updates.

Products and Transactions

Price (including the validity of any discount), quantity, availability of any product or service, and shipping methods and rates, and any other information, descriptions, or images on the Site are subject to change without notice.

Advertised product prices do not include shipping or taxes. You are responsible for all sales taxes where applicable unless a valid and properly completed sales tax exemption or resale certificate for the jurisdiction(s) covering the ship-to address is provided to us prior to our acceptance of your order. 

Orders are processed during hours of operations. Orders placed after 4:00PM or 16:00 EST will be shipped out the next business day. For more information, please see Shipping and Handling.

We do not accept returns or exchanges unless the item you purchased is defective. If you receive a defective item, please contact us at orders@vitahealthapothecary.com with details of the product and the defect. 

A. Pricing and Payment

All prices are shown in U.S. dollars (USD) and are subject to change at any time. Vitahealth Apothecary reserves the right to expire or modify any specials, sales, and other promotions at any time. Taxes and shipping and handling fees are additional. All prices and taxes are subject to change without notice. Estimated sales tax amounts are displayed on the checkout page using a third-party tax engine. The actual sales tax collected may differ once we process the order. Vitahealth Apothecary uses reasonable commercial efforts to calculate and remit sales tax; however, we do not guarantee the accuracy of the amount of sales tax we represent to you as the sales tax owed.

It is your responsibility to ascertain and obey all applicable local, state, and federal laws (including minimum age requirements) regarding the possession, use and sale of any products or services on the Site. You are responsible for paying all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred, including all shipping and handling charges.

B. Shipping and Handling

You agree to pay the shipping and handling fees shown on the Site. We reserve the right to increase, decrease, and add and/or eliminate charges without prior notice. Any shipping and handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on Site are estimates only—actual delivery dates may vary. You are responsible for providing all information necessary for us to ship purchased products to you. We are not liable for any unforeseen delays, customs, duties, and/or fees with third party shipping carriers- please contact the shipping carrier with the provided tracking number for additional information or inquiries on your shipment.

 

Your License to Access the Site

A. On the condition that you comply with all your obligations under this Agreement, Vitahealth Apothecary grants you limited, revocable, non-exclusive, non-transferable license to access the Site. Any use of the Site that is out of bounds with this license is strictly prohibited and constitutes a violation of this Agreement. Failure to comply with all your obligations under this Agreement may result in termination of your right to access and use this Site. No part of the Site and no Vitahealth Apothecary content may be copied, reproduced, uploaded, posted, publicly displayed, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication, distribution, or commercial use without Vitahealth Apothecary’s prior express written consent. Your access to the Site is provided on a temporary basis with no guarantee of future availability. We reserve the right to withdraw or modify any content and/or products provided on the Site at any time without prior notice. 

B. In addition to complying with other Terms & Conditions of this Agreement, you agree to use the Site only for lawful purposes. When using the Site, you agree to not to:

  • Interrupt or attempt to interrupt the operation of the Site in any way
  • Delete, modify, or attempt to change and/or alter any of the content posted on this Site
  • Engage in hacking or defacing any portion of the Site
  • Engage in spamming, flooding, or other disruptive activities
  • Use the Site to commit fraud or any other unlawful activities
  • Communicate on or through the Site any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort. This is including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law
  • Access or attempt to access any other person’s account, information, or content without express permission
  • Use any content made available on the Site in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, or other proprietary right of any party

C. You agree to provide true, accurate, current, and complete information when using this Site. It is your responsibility to maintain and update your account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of the Site.

D. We cannot guarantee that the Site will always be available. At times, the Site may be unavailable due to technical or maintenance issues. We do not guarantee that the Site will be compatible with your computer, mobile device, internet service plans, and/or mobile provider plans.

 

Account Protection 

You may be asked to supply a user ID and password and other information to register to use all or part of the Site. We may refuse to grant you a user ID that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, and/or may cause confusion. For security reasons, user IDs and passwords must be hard-to-guess, non-obvious, confidential, and you must log out at the end of each session. You are responsible for maintaining the confidentiality of your user ID and password and are fully responsible for all activities (including purchases) that occur in connection with your user ID or password. You agree to notify Vitahealth Apothecary of any unauthorized use of either your user ID or password or any other breach of security. 

HIPAA Compliance Statement

Vitahealth Apothecary Corporation does not participate in disclosing any individually identifiable information in the normal course of providing services. In an event Protected Health Information (PHI) be made available, or obtained by Vitahealth Apothecary, we hereby assure our customers that we will - Comply to rules and regulations concerning the privacy and security of PHI under the Health Insurance Portability and Accountability Act of 1996 (HIPAA); Utilize and provide, upon request, the Business Associate Addendum (BAA) if confidential information will be disclosed; Not use or disclose PHI except in contractual meetings or when required by law; Ensure agents or subcontractors working on our behalf agree and comply to the same restrictions; Protect against any non-permitted use or disclosure of PHI; Ensure that any use of PHI is used with reasonable amount of care or not abused; Report any non-compliance of which we become aware; When requested or directed by the customer, make available PHI in accordance within the requirements of HIPAA; Given reasonable notice during normal business hours, allow the Secretary of the United States Department of Health and Human Services the right to audit our records and practices related to the use and disclosure of PHI to ensure compliance; Return or destroy all PHI that was received or created from a patient or medical provider and retain no copies, when requested or termination of a service; Have named a HIPAA Security Official who creates, maintains, and trains regarding our HIPAA policies and procedures; and ensure all employees with access to PHI receive training on policies and procedures according to HIPAA mandates.

Disclaimers

A. Product Use and Safety

The information and content contained on this Site is provided for informational purposes only and should not be used in place of a physician, medical advice, or other professional knowledge or judgement. The information on the Site is in no way a substitute for medical care or a substitute for seeing or obtaining advice from a doctor or other healthcare professional. If you think you may be experiencing a medical problem or condition, please contact your healthcare provider. Information made available on or through the Site should not be used for diagnosing, treating, curing, or preventing a health problem or disease, or prescribing any medication. Information and statements about dietary or other healthcare supplements on this Site have not been evaluated by the Food and Drug Administration. The information, statements, and dietary supplements on the Site are not intended to diagnose, treat, cure, or prevent any disease.

Vitahealth Apothecary works to ensure that product information on the Site is correct; however, brand suppliers may make changes to products at any given time, and actual product packaging and materials may contain more and/or different information than that shown on the Site. Please read all labels, warnings, and directions for the most accurate product information prior to using or consuming products.

NO STATEMENTS OUTSIDE THE TERMS OF THIS AGREEMENT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, IS A WARRANTY OR PROMISE BY VITAHEALTH APOTHECARY AND WE HAVE NO RESPONSIBILITY AND/OR LIABILITY FOR ANY SUCH STATEMENTS. PRODUCTS LISTED ON THE SITE ARE OFFERED AND SOLD “AS IS” AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT ANY PRODUCT, DESCRIPTION, PHOTOGRAPH, PRICING, OR OTHER INFORMATION IS ACCURATE, COMPLETE, RELIABLE, CURRENT AND/OR ERROR-FREE.

B. Site

The Site may contain links or references to third party sites or to content made available by third parties. These links do not constitute or imply our endorsement of such third parties, or of the content of their sites, the suitability, efficacy, safety or quality of their products or services, or the information privacy or security of their sites.

EXCEPT AS VITAHEALTH APOTHECARY STATES IN THIS AGREEMENT, THE SITE IS PROVIDED “AS IS”. WE DO NOT WARRANT OR MAKE ANY PROMISES REGARDING THE CORRECTNESS, USEFULNESS, ACCURACT, AVAILABILITY, OR RELIABILITY OF:

    1. YOUR USE OR THE RESULTS OF YOUR PURCHASE
    2. ANY ADVICE YOU GLEAN FROM THE SITE WHETHER PROVIDED BY US OR A THIRD PARTY
    3. ANY OTHER CONTENT AVAILABLE THROUGH THE SITE

WE DO NOT PROMISE THAT THE SITE WILL BE ERROR-FREE. THERE IS NO WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WE AND OUR THIRD-PARTY LICENSORS HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, AND/OR CONTENT. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY CONCERNING ERRORS, OMISSIONS, DELAYS, OR DEFECTS ON THE SITE OR ANY INFORMATION SUPPLIED TO YOU VIA THE SITE, OR THAT FILES AVAILABLE THROUGH THE SITE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT INCLUDE OR MANIFEST CONTAMINATING OR DESTRUCTIVE CHARACTERISTICS.

C. Notice

Some states or jurisdictions do not allow the exclusion of implied warranties and/or limitations on how long an implied warranty may last. In the event the exclusion of implied warranties or limitations contained in this Agreement is determined by a court to be invalid or unenforceable, then such provisions shall be reformed to the maximum limitation permitted by applicable law. To the extent permissible, any implied warranties are limited to 90 days from the date of purchase or access, as applicable.

 

Indemnification

Without limiting the extent and scope of the foregoing indemnification obligations, under no circumstance shall Vitahealth Apothecary be obligated to you or any person obtaining products through you for any amounts other than a refund for products obtained through this Site, and under no circumstances shall Vitahealth Apothecary be responsible and/or liable for any ordinary, special, compensatory, punitive, or other damages of any kind or nature.

You agree to hold harmless, indemnify, and defend Vitahealth Apothecary from and against any and all claims (including liabilities, damages, losses, costs, expenses, and reasonable attorneys’ fees):

  1. Alleging injury, damage, and/or loss resulting from your use of the Site
  2. Alleging that content provided to and from Vitahealth Apothecary and its third party suppliers infringes on a copyright, patent, trademark, or that information provided on the Site misappropriates a trade secret of a third party
  3. Relating to any act and/or omission by you which is a breach of your obligations under this Agreement or applicable law
  4. Otherwise relating to your use of the Site or products and/or services purchased from the Site

You have the right to defend and compromise such a claim at your expense for the benefit of Vitahealth Apothecary; however, you will not have the right to obligate Vitahealth Apothecary in connection with any such settlement without the written consent of the indemnified party. If you fail to fulfill this obligation or if Vitahealth Apothecary elects to defend such claims itself, Vitahealth Apothecary may do so to protect their interests and you will reimburse all costs incurred by Vitahealth Apothecary in connection with such defense.

 

Applicable Law and Severability

The Agreement and any dispute arising under the Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of New York, without regard to its choice of law rules. In the event of a dispute over the Agreement or performance of the Agreement, you expressly submit to personal jurisdiction and exclusive venue in the federal or state courts in New York.

If any part of this this Agreement is ruled to be unlawful, void, or for any reason unenforceable, then such part shall be deemed severable from this Agreement, and shall be eliminated or limited to the minimum extent necessary. The remainder of the Agreement, including any revised portion, shall remain and be in full force and effect.

Contact Us

If you have any questions or need to contact us for any reason relating to this Agreement, you may contact us at the following:

Email: orders@vitahealthapothecary.com