Terms of Service

Overview

This website is operated by 'Icariin Health'. Throughout the site, the terms “we”, “us” and “our” refer to 'Icariin Health'. 'Icariin Health' offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, Completeness & Timeliness Of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 - Modifications To The Service & Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 5 - Products Or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return, only according to our Returns Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 - Accuracy Of Billing & Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information (including your email address, credit card numbers and expiration dates) so that we can complete your transactions and contact you as needed.

Section 7 - Failure To Receive A Delivery Due To Lack Of Due Diligence By Intended Recipient

The applicable postal tracking number for your order is emailed to you using the email address in which you provided to us upon the placement of your order. It is therefore entirely your responsibility to A) provide a correct/functioning email address, B) frequently check your email account (including Spam/Junk mailboxes) for any shipping-related emails that we send to you, and C) frequently monitor the status of your parcel via the online tracking link provided.

'Failure to receive delivery of an order/parcel due to lack of due diligence' includes the following scenarios:

  • Providing incorrect, inadequate or incomplete delivery address details when placing your order.
  • Provision of a delivery address that you are no longer residing at when delivery occurs.
  • Failure to retrieve your parcel from the applicable postal/courier company after an unsuccessful delivery attempt has been made. Due to the fact that you as the customer have access to tracking updates (be it via yourself tracking the parcel 'online' or via yourself contacting the applicable local postal company by 'telephone/email'), this scenario applies irrespective of whether or not your mail carrier has left a physical 'notification card' of his/her attempted delivery.
  • Failure to collect the parcel from the relevant Post Office when a 'PO Box' shipping address is provided.
  • The refusal to accept delivery of the parcel at the addressee location, either by you as the customer or by any other individual present at the addressee location.
  • The given addressee location being unsuitable/inaccessible for a mail carrier to make a delivery.
  • Failure to adhere to the policies and regulations of your country's import restrictions and/or provide any required importation documentation when requested to do so by your country's customs agencies.
  • Refusal to pay (when due) any customs duty/tax/clearance fees applicable on the delivery of your parcel.

When we receive an order, we incur numerous irrecoverable fees, including payment processing fees, picking/packing fees, and the original shipping cost. Equally so, the fulfillment center network in which we hire to carry out our shipping/delivery charges 'Icariin Health' both for the time and the labor associated with the inspection and restocking of our products back into our inventory. Consequently, should one of the above 'returned shipment' scenarios occur with your order, the following fee conditions will apply:

FOR ORDERS REFUNDED:

  • Orders/Parcels Returned To Us Successfully; An order which is returned to our fulfillment center by the postal company will be refunded minus the original shipping amount charged when your order was placed, and a 'return fee' associated with the handling and restocking of the item(s) back into our fulfillment center. This 'return fee' is USD$5 per stock-item returned.
  • Orders/Parcels Unsuccessfully Returned To Us; Should the postal company in question fail to successfully return the parcel to our fulfillment center (either due to a refusal to carry out the return or through the loss of the parcel), then this will result in the entire order total being deemed non-refundable.

FOR ORDERS RE-SHIPPED:

  • Orders/Parcels Returned To Us Successfully; Before we can re-ship an order which has been returned to our fulfillment center by the postal company, you will first be required to pay the full shipping costs associated with the re-shipment, along with the 'return fee' associated with the handling and restocking of the item(s) which have been returned back to our fulfillment center. This 'return fee' is USD$5 per stock-item returned.
  • Orders/Parcels Unsuccessfully Returned To Us; Meaning the failure of the postal company to successfully return the parcel to our fulfillment center (either due to a refusal to carry out the return or through the loss of the parcel). This scenario will result in the entire order being canceled and deemed non-refundable. Should you wish to re-order, you will be required to place a brand new order via our website in the usual manner.

Section 8 - "Delivered" But Not Delivered

All of our shipments include tracking with delivery confirmation. If the tracking information confirms that the item has been delivered to the relative area/zone of your given Shipping Address but you have not received your order, then please check with neighbouring addresses where parcels maybe have been delivered incorrectly before and also contact your local post office directly to investigate this issue. Postal companies do not honour missing parcel claims for shipments that have been scanned as successfully delivered to the applicable area/zone, therefore, we cannot claim nor be held accountable for packages whereby tracking information states the package has been delivered to the correct area/zone of your given Shipping Address.

Section 9 - Importing & Customs

We at 'Icariin Health' are not responsible for import regulations/restrictions set out by the 'customs agency' of any given country. When purchasing from our store, you as the importer take full responsibility for abiding by your own country's import regulations/restrictions.

Despite being uncommon, prolonged customs delays can occasionally occur. If a delay is caused by customs authorities, we at 'Icariin Health' are not responsible for any such delays, nor can we directly influence the speed of the clearance process. The delivery times/estimates provided on our website consist of 'postal transit days' only, and do not include any period in which a parcel may spend with customs authorities.

Import duty/tax is rarely ever levied on our shipments, nevertheless, the possibility remains. We at 'Icariin Health' are not responsible for import duty/tax (or other related fees) imposed by customs authorities and/or collected by the local postal service thereof.

Failure of you (as the importer) to properly inform yourself and comply with any existing import regulations/restrictions may cause your parcel to be refused by your country's customs agency and subsequently returned to ourselves. In such an event, we can only offer a refund for the value of the products returned that are in 'brand new/untampered' condition, less any shipping costs and import duties/taxes/fees associated with both the original shipment and the return shipment of the parcel, along with the per-item restocking 'return fee' outlined above in SECTION 7. In the rare event that your parcel is seized and disposed-of by your country's customs agency, we regret that we cannot consider requests for refunds under such circumstances.

Section 10 - 'Bulk Buy Discount' Reversal For Returns

Where part of a 'multi-item' order is returned successfully back to us under the conditions stipulated in our 'Returns Policy'; when issuing the refund amount, we retain the right to reverse the quantity discount received (i.e. when the order was originally placed) down to the quantity discount that applies to the number of items kept by you the customer.

Section 11 - Return Requests After The Specified 14-Day Returns Period Has Elapsed

Our 'Returns Policy' stipulates that we only accept return requests within 14 days of the product being delivered to the Shipping Address location provided, and that all item(s) returned must be still factory sealed, completely unopened and thus in brand new condition.

We do not accept return requests outside of this '14 days after delivery' period. However, in the rare event that we do decide to accept a return request outside of the '14 days after delivery' period, then all the usual criteria of our 'Returns Policy' apply, and additionally, any applicable refund will be minus a 'return fee' associated with the handling and restocking of the item(s) back into our fulfillment center. This 'return fee' is USD$5 per stock-item returned.

Section 12 - Refunds To Original Method Of Payment Only

Please be aware that any refunds in which we issue, can only be credited back to your original form/method of payment (be it PayPal or Debit/Credit Card). We cannot under any circumstances process refunds to a different PayPal Account, Bank Account or Card to the one in which you used to place your order.

Section 13 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 14 - Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 15 - User Comments, Feedback & Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 16 - Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Section 17 - Errors, Inaccuracies & Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 18 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 19 - Disclaimer Of Warranties; Limitation Of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall 'Icariin Health', our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

The materials contained within this website are NOT intended to replace the professional medical care, advice, diagnosis or treatment of a doctor, qualified personal trainer, therapist, dietitian or nutritionist. All products are food supplements, NOT pharmaceutical/medicinal. If you are prone to illness or allergies please consult your doctor/physician before taking food/dietary supplements of any kind.

Section 20 - Indemnification

You agree to indemnify, defend and hold harmless 'Icariin Health' and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 21 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 22 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 23 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 24 - Changes To Terms Of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 25 - Questions About Our Terms Of Service

Any questions about our Terms of Service set out above should be sent to us at sales@icariinhealth.com