TERMS & CONDITIONS OF SALE
("CONDITIONS")
I. Introduction
Welcome to GelacomHealth.com. This Terms of Use Agreement sets forth
the Agreement between GelacomHealth.com or "we" and each
user ("you" or "user") governing the use by
you of this site. All orders accepted herein are fulfilled by GelacomHealth.com,
which is subject to all of the provisions set forth herein. Please
read this Agreement carefully before using this site. By using this
site, you signify your assent to this Terms of Use Agreement. If
you do not agree to the terms and conditions contained in this Terms
of Use Agreement, you may not access or otherwise use this site.
This Agreement does not apply to any transaction or relationship
between the parties that is not related to the use of this website
and/or the purchase and sale of merchandise through this website.
II. Not Healthcare Advice
The products, information, services and other content provided on
and through this site, including without limitation any products,
information, services and other content provided on any Linked Site,
are provided for informational purposes only to facilitate discussions
with your physician or other healthcare professional (collectively,
"Healthcare Professional") regarding treatment options.
The information provided on this site and Linked Sites, including
without limitation information relating to medical and health conditions,
products and treatments, is often provided in summary or aggregate
form. It is not intended as a substitute for advice from your Healthcare
Professional, or any information contained on or in any product
label or packaging.
You should not use the information or services on this site for
diagnosis or treatment of any health issue or for prescription of
any medication or other treatment. You should always speak with
your Healthcare Professional, and carefully read all information
provided by the manufacturer of a product and on or in any product
label or packaging, before using any medication or nutritional,
herbal or homeopathic product, before starting any diet or exercise
program or before adopting any treatment for a health problem. Each
person is different, and the way you react to a particular product
may be significantly different from the way other people react to
such product. You should also consult your physician or healthcare
professional regarding any interactions between any medication you
are currently taking and nutritional supplements.
GelacomHealth.com is not responsible for any product or service
sold on or through this site or any claims of quality or performance
made on or through this site, including any claims of quality or
performance made on or through any site to which this site links
(each a "Linked Site"). You are advised that other sites
on the Internet, including without limitation Linked Sites, might
contain material or information that some people may find offensive
or inappropriate; or that is inaccurate, untrue, misleading or deceptive;
or that is defamatory, libelous, infringing of others' rights or
otherwise unlawful. GelacomHealth.com expressly disclaims any responsibility
for the content, legality, decency or accuracy of any information,
and for any products and services, that appear on any Linked Site.
III. Copyright and Trademarks
All website design, text, graphics, sound, software and other content,
and the selection and arrangement thereof, are the property of GelacomHealth.com
or its licensors, and are protected by United States and international
copyright law. All rights to such materials are reserved to their
respective copyright owners. Permission is granted to electronically
copy and to print in hard copy portions of this website for the
sole purpose of placing an order with GelacomHealth.com or using
this website as a shopping vehicle.
Any other use of materials on this site, including without limitation
reproduction for purposes other than noted above, modification,
distribution, replication, commercial or other exploitation, or
creation of derivative works, without the prior written permission
of GelacomHealth.com, is strictly prohibited.
GelacomHealth.com, and all logos, page headers, custom graphics
and icons are service marks and/or trademarks of GelacomHealth.com
or its licensors or affiliates. All other trademarks, service marks,
product names and company names or logos that appear on this site
are the property of their respective owners.
IV. No Warranty - Disclaimer
GelacomHealth.com is providing this site and its contents on an "as
is" basis. GelacomHealth.com and its officers, directors, employees,
agents, licensors, suppliers, content providers and the like (together,
"affiliates") make no representations or warranties of
any kind, express or implied, with respect to this site or its contents,
including without limitation the products, information or services
offered or sold on or through this site or any Linked Site and the
uninterrupted and error-free use of this site. GelacomHealth.com and
its affiliates expressly disclaim all such representations and warranties,
including without limitation all warranties of merchantability,
accuracy, timeliness, completeness, fitness for a particular purpose
and non-infringement. GelacomHealth.com and its affiliates do not warrant
that the site or files available on the site will be free from corrupted
data, computer viruses or similar destructive or contaminating code.
No oral or written statements by GelacomHealth.com or its affiliates
will create any warranty not expressly set forth herein. Your use
of this site and any Linked Site is at your sole risk.
V. Order Acceptance
Please note that there may be certain orders that we are unable
to accept and must cancel. We reserve the right, at our sole discretion,
to refuse or cancel any order for any reason. For your convenience,
you will not be charged until your payment method is authorized,
the order information is verified for accuracy and your order is
shipped.
Some situations that may result in your order being canceled include
limitations on quantities available for purchase; inaccuracies or
errors in product or pricing information; product or ingredient
restrictions mandated by local, state, national or international
regulations; or problems identified by our credit and fraud avoidance
group. We may also require additional verifications or information
before accepting any order. We will contact you if all or any portion
of your order is canceled or if additional information is required
to accept your order.
If your order is canceled after your credit card has been charged,
we will issue a credit to your credit card in the amount of the
charge.
GelacomHealth.com strictly follows all national and international
regulations regarding the sale, purchase and shipment of any product
or product ingredient that is considered restricted or prohibited
by any law within the United States or abroad.
VI. Order Returns
Whether you buy from our website, catalog or stores, you may return
any unopened product with accompanying receipt within thirty days
of purchase and receive a full refund at any of our stores, or by
mail to : Gelacom Health Corp. (C/O NutriBeauté Products)
at 601 Heritage Drive, Suite 408, Jupiter, FL 33458
VII. Prices & Currency
The prices displayed on this Site are quoted in U.S. dollars and
are valid and effective only within the United States, and such
prices do not include shipping and handling or sales taxes, if applicable,
which will be added to your total invoice price. You are responsible
for the payment of any shipping and handling charges and state and
local sales or use taxes that may apply to your order. International
shipment rates vary based on total package weight and final destination.
All pricing does not include duties, insurance costs, tariffs, or
value-added taxes. If assessed, these charges are the responsibility
of the package recipient, who will be billed for them by the local
Customs office.
VIII. Pricing or Typographical Errors
We work hard to provide accurate product and pricing information.
However, pricing or typographical errors may occur. In the event
that an item is listed at an incorrect price or with incorrect information
due to an error in pricing or product information, GelacomHealth.com
shall have the right, at our sole discretion, to refuse or cancel
any orders placed for that item. If an item is incorrectly priced,
we will either contact you for instructions or cancel your order
and notify you of such cancellation. Prices and availability are
subject to change without notice.
IX. Quantity Limits and Items for Resale
GelacomHealth.com reserves the right to limit the quantity of items
purchased per person, per household or per order. These restrictions
may be applicable to orders placed by the same account, the same
credit card, and also to orders that use the same billing and/or
shipping address. We will provide notification to the customer e-mail
and/or billing address provided should such limits be applied. GelacomHealth.com
also reserves the right to prohibit sales to dealers.
X. Limitation of Liability
GelacomHealth.com AND ITS AFFILIATES SHALL NOT UNDER ANY CIRCUMSTANCES
BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION
WITH OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING
WITHOUT LIMITATION ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION,
(II) AS A RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE
PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V)
FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS
OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY
LINKED SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT
APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS
OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF
PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION
OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE, EVEN IF THE USER ADVISES OF THE POSSIBILITY OF SUCH
DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE GELACOMHEALTH.COM
AND THE USER. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON
AND THROUGH THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
BECAUSE THE LAWS OF SOME STATES MAY NOT ALLOW FOR THE EXCLUSION
OF CERTAIN DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST
EXTENT PERMITTED BY LAW.
Notwithstanding the foregoing, the sole and entire maximum liability
of GelacomHealth.com and its affiliates for any reason, and your
sole and exclusive remedy for any cause or claim whatsoever, shall
be limited to the amount paid by you for any product, information
or service purchased by you from GelacomHealth.com on this site.
You agree to indemnify, defend and hold harmless GelacomHealth.com
and its affiliates against all claims, demands, causes of action,
losses, expenses, damages and costs, including without limitation
any reasonable attorneys' fees, resulting or arising from or relating
to your use of or conduct on the site, any activity related to your
account by you or any other person, any material that you submit
to, post on or transmit through the site, your violation of these
Terms of Use, your infringement or violation of any rights of another,
or termination of your access to this site.
XI. Site Usage/Termination of Usage
You agree to maintain the security of your account on the site,
including the security of your password and other confidential information
relating to the use of the site and your account on the site. You
agree to be responsible for all charges resulting from the use of
your account on the site, including charges resulting from unauthorized
use of your account prior to your taking steps to prevent such occurrence
by changing your password and notifying GelacomHealth.com
You agree to use this site only for lawful purposes, and that you
are responsible for your use of and communications on the site.
You agree not to post on or transmit through this site any unlawful,
infringing, threatening, harassing, defamatory, vulgar, obscene,
profane, indecent, offensive, hateful or otherwise objectionable
material of any kind, including without limitation any material
that encourages criminal conduct or conduct that would give rise
to civil liability, infringes others' intellectual property rights
or otherwise violates any applicable local, state, national or international
law. You agree not to use this site in any manner that interferes
with its normal operation or with any other user's use and enjoyment
of the site. You agree not to reproduce, modify, distribute, replicate,
commercially exploit or create derivative works of any portion of
the site or material thereon.
You further agree that you will not access our website by any means
except through the interface provided by GelacomHealth.com for access
to the site. You agree that you will not access this site from any
territory where its contents are illegal, and that you, and not
GelacomHealth.com and its affiliates, are responsible for compliance
with applicable local laws.
These terms are effective unless and until terminated by either
you or GelacomHealth.com. You may terminate this Agreement at any
time, provided that you discontinue any further use of this Site.
GelacomHealth.com also may terminate or suspend this Agreement,
at any time, without notice, and accordingly deny you access to
the site, if in GelacomHealth.com sole discretion you fail to comply
with any term or provision of this Agreement or your use is harmful
to the interests of another user or GelacomHealth.com or its affiliates.
Upon any termination of the Agreement by either you or us, you must
promptly destroy all materials downloaded or otherwise obtained
from this site, as well as all copies of such materials, whether
made under the terms of use or otherwise.
You agree that GelacomHealth.com may terminate or suspend your
access to all or part of this site, without notice, for any conduct
that GelacomHealth.com, in its sole discretion, believes is in violation
of these Terms of Use or any applicable law or is harmful to the
interests of another user, GelacomHealth.com or its affiliates.
XII. Applicable Law; Jurisdiction
This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida without regard to choice of
law rules. Each user agrees to submit to personal jurisdiction in
the State of Florida and further agrees that any cause of action
arising from or relating to the use of this site or this Agreement
shall be brought exclusively in Federal or State Courts for Palm
Beach County, Florida, USA.
XIII. Severability; Interpretation
If any provision of this Agreement shall be deemed unlawful, void,
or for any reason unenforceable by a court of competent jurisdiction,
the validity and enforceability of any remaining provisions shall
not be affected. When used in this Agreement, the term "including"
shall be deemed to be followed by the words "without limitation."
XIV. Entire Agreement
This Agreement constitutes the entire and only Agreement between
GelacomHealth.com and each user of this site with respect to the subject
matter of this Agreement and supercedes any and all prior or contemporaneous
Agreements, representations, warranties and understandings, written
or oral, with respect to the subject matter of this Agreement. You
agree to review this Agreement prior to your use of this site and
your use of this site shall be deemed acceptance of and assent to
this Agreement by you.
XV. Changes to Terms of Use Agreement
This information was last updated on November 10, 2009. GelacomHealth.com
may, in its sole discretion, amend this Terms of Use Agreement from
time to time. Please check this Agreement area periodically for
changes. Use of this website after any modification implies that
you consent to this Agreement as modified.
XVI. Miscellaneous
The failure of GelacomHealth.com or its affiliates to insist upon
strict adherence to any term of this Agreement shall not constitute
a waiver of such term and shall not be considered a waiver or limit
that party's right thereafter to insist upon strict adherence to
that term or any other term of this Agreement. You agree that regardless
of any statute or law to the contrary, any claim of cause of action
arising from or relating to use of this site or this Agreement must
be filed within one (1) year after such claim or cause of action
arose, or will be forever barred. The "No Warranty - Disclaimer"
and "Limitation of Liability" provisions of this Agreement
are for the benefit of The GelacomHealth.com and its affiliates
as defined herein, and each of these individuals or entities shall
have the right to assert and enforce these provisions directly against
you on its own behalf.
With the prior agreement of GelacomHealth.com, any claim, dispute
or controversy arising or concerning this site and/or this agreement
shall be decided by binding arbitration with the Rules of the American
Arbitration Association and any such arbitration pro brought and
held in Palm Beach County, Florida, USA. The decisions of the arbitrators
shall be conclusive upon all parties involved and judgment upon
any award of the arbitrator by any court having competent jurisdiction.
This provision shall be specifically enforced by a court of competent
jurisdiction.