Rightamin LLC
Terms & Conditions
These terms and conditions ('the Terms') govern the users ('you' or 'your') use of the Rightamin Logistics Service ('the Service'). Please read them carefully as they affect your rights and liabilities under law.
If you do not agree to these Terms, you may not access or use the Rightamin Services, order or receive vitamins and nutritional supplements or other products made available through the Rightamin Services.
YOU AGREE TO THE MANDATORY INDIVIDUAL ARBITRATION, DESCRIBED FULLY IN SECTION 16 OF THESE TERMS.
YOU FURTHER AGREE, AS DESCRIBED IN ADDENDUM A, THAT YOUR RIGHTAMIN SUBSCRIPTION MAY AUTOMATICALLY RENEW FOR THE SAME APPLICABLE TERM AND PRICE, UNTIL YOU CANCEL.
If you have any queries regarding these Terms then please contact us.
1. Agreement
By using the Rightamin Service you agree to be bound by these Terms.
2. Amendments
We reserve the right to:
Update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Service. It is your responsibility to check for such changes. The changes will apply to the use of the Service after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Service. If you continue to use the Service after the date on which the change comes into effect, your use of the Service indicates your agreement to be bound by the new Terms; and modify or withdraw, temporarily or permanently, this Service and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Service or its products.
3. Registration
You warrant that:
The Rightamin information which you are required to provide when you register is true, accurate, current and complete in all respects. All Products purchased are for private and domestic use only and are not for re sale. You will notify us immediately of any changes to the Rightamin information by e-mailing or telephoning our customer service representatives at:
e-mail: circle@rightamin.com
4. Privacy Policy
We will treat all your information as confidential and will only use it in accordance with our Privacy Policy. When you shop on this Service, we will ask you to input Rightamin details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information.
5. Protecting Your Security
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other Rightamin information supplied by you during the order process against appropriate third-party databases. We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities.
By accepting these terms and conditions you consent to such checks being made. In performing these checks Rightamin information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected.
6. Indemnity
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Service or any other person accessing the Service using your Rightamin information.
8. Third Party Links
As a convenience to our customers, the Service may include other Services or material which is beyond our control. For your information, we are not responsible for such Services or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such Services nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external Services or resources.
9. Orders
All orders are subject to acceptance and availability. If the goods 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 goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Service. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorized access to any data provided by you when accessing or ordering from the Service.
The Products sold on the Service are not for re-sale or distribution.
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. 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.
10. Price and Payment
All prices shown are inclusive of Sales tax (only where applicable - see below) at the current rates and are correct at the time of entering the information onto the system. Product costs vary from month to month, both up and down. We reserve the right, to change prices at any time without notice to you.
Payment can be made by any major credit or debit card or via your PayPal account. Payment will be debited and cleared from your account before the dispatch of your good or provision of the service to you.
In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 9, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Service are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have been 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. If you cancel your order and you have already paid for the goods, then you will receive a full refund.
You 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.
If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment. We will give you at least 48 hours’ notice in advance of any 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 within 48 hours of us sending you this email.
Please familiarize yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged.
11. Eligibility to Purchase
To be eligible to purchase goods on this Service and lawfully enter into and form contracts on this Service under English law you must: if an individual, be 18 years of age or over; and register your real name, address, phone number, e-mail address any other details requested.
By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorize us to transmit information (included updated information) 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.
By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.
12. Intellectual Property
The content of the Service is protected by copyright, trademarks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Service shall remain with us or our licensors.
You may retrieve and display the content of the Service on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own Rightamin, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Service.
13. Limitation of Liability
Notwithstanding any other provision in the Terms, nothing in these Terms: affect or limit your rights as a consumer under South Carolina law; or will exclude or limit our liability for death or Rightamin injury resulting from our negligence.
The Service is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. We will try to ensure that material included on the Service is correct, reputable and of high quality, we cannot accept responsibility if this is not the case.
We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Service. If we are informed of any inaccuracies in the material on the Service, we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Service.
14. Informal Dispute Resolution
We believe we can resolve most customer concerns quickly and to the customer's satisfaction. We would like an opportunity to address your concerns without a formal legal case. Before filing a claim against us, you agree to try to resolve the dispute informally by contacting circle@rightamin.com . We will try to resolve the dispute informally by contacting you. If a dispute is not resolved within 30 days of submission to this email address, you or Rightamin may bring a formal proceeding.
15. Dispute Resolution by Binding Arbitration
You and Rightamin agree to arbitrate any and all disputes or claims arising out of, in connection with, or relating to the Terms of Use, Sites, Products, and relationship with you and Rightamin, including any claims that may arise after the termination of this Agreement. All disputes concerning the arbitrability of a claim, including disputes about the interpretation, breach, applicability, enforceability, revocability or validity of these Terms, shall be decided by the arbitrator. By agreeing to arbitrate, both parties are giving up the right to proceed in court. Arbitration is a method of claim resolution that is less formal than a traditional court proceeding in state or federal court. It uses a neutral arbitrator instead of a judge or jury and the arbitrator's decision is subject to limited review by courts.
16. Severance
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
17. Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
18. Entire Agreement
These Terms form the entire basis of any agreement reached between you and us.
19. Returns
In order to ensure that you receive the best level of service we offer a comprehensive returns policy in the unlikely event that you are not 100% satisfied with the product delivered. Please note that the following returns procedure must be followed, and failure to do so may result in us being unable to exchange goods or provide refunds. Also please be aware that we cannot be held responsible and provide refunds/exchanges on stock affected by circumstances beyond our control. This includes damage and neglect after goods are received, goods being stored in climatic conditions such as extremes of temperature that can affect some items - items often stick together or alter appearance slightly but will taste the same and damage by third parties. In addition, please be aware that during the hot summer months goods in transport can be affected by the heat so be aware that delicate items may not always look as intended.
Should you wish to return an item for any reason please notify us within 48 hours of receipt of your order of any part that is unsatisfactory. In order to arrange a return, please contact us and inform our customer service team of your order number, the item you are returning and the reason for the return.
We will then reply with a unique returns’ authorization number and the address you need to send the item to. You'll need to package the item securely and include:
Your order number
The returns authorization number
Whether a replacement or refund is needed
The reason why you are returning the item.
Goods returned should be in their original condition and packaging in which they arrived, along with a copy of the invoice or packing slip.
Once received items will be checked and refunds on goods and postage arranged where suitable. We cannot issue refunds on simply unwanted goods due the custom nature of goods on sale. Refunds/exchanges will only be offered on items that are faulty and were clearly so at the time at which they were dispatched.
Addendum A - Rightamin Subscription Services
Subscriptions. Rightamin provides its Products through an automatically recurring subscription service so you may enjoy all the benefits of our Products on a continuous basis. Rightamin subscribers receive shipments approximately every four weeks with a thirty day supply of vitamins and nutritional supplements, packaged for daily use in individual, Rightamin packets. You can find specific details regarding your order and the Rightamin Service ("Account") in the invoice provide monthly.
Payment and Automatic Renewal
AT THE TIME OF PURCHASE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) RIGHTAMIN (OR OUR THIRD- PARTY PAYMENT PROCESSOR) IS AUTOMATICALLY AUTHORIZED TO CHARGE YOUR DESIGNATED PAYMENT
METHOD EVERY FOUR WEEKS FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES, SHIPPING AND HANDLING FEES, AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS.
You acknowledge and agree that Rightamin will not obtain any additional authorization from you for such automatic, recurring payments. You may skip your weekly order as often as you'd like by managing your delivery schedule on your delivery schedule page.
Cancellation Policy
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL. YOU MAY CANCEL IN YOUR ACCOUNT SETTINGS OR BY EMAILING US AT CIRCLE@RIGHTAMIN.COM AND FOLLOWING THE INSTRUCTIONS YOU RECEIVE. CUSTOM PRODUCTS ARE ORDER IN ADVANCE FOR EACH INDIVIDUAL CUSTOMER. YOU MAY CHANGE YOUR ORDER OR CANCEL ANYTIME PRIOR TO 30 DAYS OF YOUR NEXT SHIPMENT.
Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an "Order"). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment
information associated with your Rightamin account, you can do so at any time.
You acknowledge that the amount billed may vary due to changes in product costs, changes to your Subscription or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
Pricing and Availability
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your Subscription, we will provide advance notice of such changes in accordance with Section 6. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of Products, as applicable, to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policies set forth in Sections 10 as applicable.
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific ingredients or entire items) without prior notice.
Taxes
We will collect applicable sales tax on Products shipped to all jurisdictions for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
Shipping and Handling
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third-party courier. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export. All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third-party courier.
Deliveries
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery.
If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door or in your mailbox. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your Order is not feasible, we will cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that delivery.