CAREFULLY READ AND UNDERSTAND THESE TERMS BEFORE ORDERING ANY PRODUCT THROUGH THIS WEBSITE
ATTENTION: This is a binding Agreement (the “Agreement”) between You, the individual or entity accessing, using or purchasing Product from this Website (“you”, “your” or “Customer”) and XOTH NUTRITION (“Xoth Nutrition”, “we”, “our” or “Company”) the owner and administrator of this Website and all content contained herein (collectively, “Website”). The right to use any product or service offered by Company is personal to you and is not transferable to any other person or entity. Company reserves the right to make changes to the Company sites, policies, and these Terms at any time without notice.
IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE WEBSITE
1 . Disclaimer of Warranty; Limitation of Liability
Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Company sites, nor for any offensive, defamatory or obscene posting made by. Under no circumstances will Company be liable for any loss or damage caused by your reliance on information obtained through the content on the Company sites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Company sites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content.
2 . Temporary Price Reduction.
For your convenience and benefit, Company may temporarily reduce the price of your order for promotional purposes, or to ensure that your purchase order transaction is capable of being processed by your credit card company or processor. If Company reduces the price of the Product as described herein, you will be billed at the reduced price until the promotional period ends or Company is assured of payment by your credit card company or its processor, after which time the Product price will be restored to its usual price, without prior notice to you. If your order is processed at the reduced price a new billing cycle will begin from the date of the new payment processing.
3. Subscription Orders.
Selected items will be associated with recurring terms. These packages will be under the “SUBSCRIBE-N-SAVE” tab and applies to 1 pack, 3 packs order and 6 packs auto order packages. Any packages that is under the “SINGLE ORDER” tab will not be associated with recurring billing and will only be a 1 time order except the 1 pack which is recurring only.
Depending on which recurring package is selected as per below do nothing and we will automatically send you an additional 6 pack supply approximately every sixty (60) days after the initial shipment at the introductory price. Your credit card will be charged the subscription price of + Free shipping worldwide approximately every sixty (60) days after the initial shipment. You will be billed $199 USD per shipment plus shipping until your membership is cancelled. Free shipping only applies to USA, Canada, Ireland, Poland, Sweden, France, Germany, Italy, Spain, Hong Kong, Malaysia, Singapore, United Kingdom, Australia, New Zealand. Your recurring charges will begin 60 days after the initial order. To cancel your membership, you must email customer service at [email protected] and cancel your order 2 days before the next processed auto order during normal business hours.
or 3 pack supply approximately every thirty (30) days after the initial shipment at the introductory price. Your credit card will be charged the subscription price + Shipping and Handling approximately every thirty (30) days after the initial shipment. You will be billed $129 USD per month plus shipping until your membership is cancelled. Your monthly recurring charges will begin 30 days after the initial order. To cancel your membership, you must email and cancel your order 2 days before the next processed auto order by emailing [email protected]
or 1 pack supply approximately every thirty (30) days after the initial shipment at the introductory price. Your credit card will be charged the subscription + Shipping and Handling approximately every thirty (30) days after the initial shipment. You will be billed $49 USD per month plus shipping until your membership is cancelled. Your monthly recurring charges will begin 30 days after the initial order. To cancel your membership, you must call and cancel your order 2 days before the next processed auto order by email to [email protected]
Your order will be processed within 2 business days of ordering. Shipping time is estimated to be five to seven (5-7) business days within USA and Canada (excluding Customs delays). For international orders, shipments may take up to 30 business days from day of shipment (excluding Customs delays).
Shipping fees are as follows in USD.
For orders to USA $9.95
For orders to Canada, United Kingdom and Australia $19.95
All other countries $26.50 Priority Mail International.
Free shipping applies for all countries for 6 pack bundle excludes countries using Priority Mail International Shipping. Only items listed as free shipping will be eligible for free shipping. Any 1 pack, or 3 pack selection is not eligible for free shipping. If you have not received your order within 10 days in the USA and 30 days for all other orders from the date of your purchase, it is your responsibility to contact us by email: [email protected] to rectify this matter. The company is not responsible for the replacement orders that show delivered if we are not notified in the recommended time. This is up to the company’s discretion.
Please ensure your shipping address is full and accurate when placing your order. Orders that are sent back to us due to insufficient address or due to non pickup of orders will be subject to full reshipping costs of $9.95, $19.95, and $26.50 as mentioned above. Refunds will not be applicable on these orders.
5. Cancellation Policy.
New Orders: Orders that have already been placed and processed may not be cancelled. ALL Shipping and Handling fees are non refundable once orders have been processed. Due to the high volume of orders we receive we will be unable to cancel an order after being processed. Please order carefully.
Subscription Orders: Customers receive a reminder email 3 days prior to the order being processed. You may cancel your subscription via the link in the email or initiate a cancellation by contacting us at [email protected] Subscription orders that have already been processed may not be cancelled. Please refer to the return policy. ALL Shipping and Handling fees are non refundable once orders have been processed. Due to the high volume of orders we receive we will be unable to cancel an order after being processed.
PLEASE REFER TO OUR RETURN POLICY BEFORE YOU CONTACT US FOR REFUNDS.
60 day Return Policy
We are happy to offer a refund (minus shipping and restocking fees) on unopened products within 60 days of purchase. Please contact us first to initiate your return request.
PLEASE NOTE: All returns require email authorization and are subject to quality assurance review upon receipt. If you return your products without authorization, or if they are found to be opened or used upon inspection, you will not be eligible for a refund. Please note that you are responsible for the cost of return shipping to our distribution center. Please contact us to initiate your request and to receive return instructions and address.
If you have opened or used your product(s) and have any concerns at all, please contact us.
Shipping and Handling Fees are Non Refundable.
INTERNATIONAL SHIPPING TERMS
All international orders (outside of U.S.) may be subject to customs and duty fees upon arrival in the destination country. Please note: these fees are paid to your local carrier or government and are not collected by us. We ship all international orders DDU (duties delivered unpaid) meaning we do not collect any duties/import fees in the price charged on the website. Please consider import duties and taxes if you are shopping internationally.
By placing an order with us, you authorize us or our designee to facilitate shipment to your address outside the United States. You also acknowledge that, pursuant to the customs laws of your place of delivery, the shipment may incur duties and import taxes upon delivery. This charge is determined by your local customs authority. Payment of these may be necessary to release your order from customs. For more information, please consult your local customs office.
RETURN TO SENDER
We cannot process or exchange product marked “Return to Sender.”
It is the responsibility of the buyer to make sure that the shipping address is entered correctly before completing the purchase, and that you are shipping to a deliverable address. Always double check before placing your order! If your order is undeliverable due to an incorrectly entered address, you are responsible for the cost to reship a replacement item.
In the event of carrier error, Xoth Nutrition will cover the cost to reship items within United States. Please contact us if you believe there has been an issue with your delivery.
DELIVERED BUT NOT DELIVERED
If tracking information confirms that the item has been delivered to the shipping address for your order but you have not received your products, please contact your local post office directly with the tracking number in order to investigate this issue. We cannot be held accountable for packages where tracking information states the package has been delivered to your shipping address.
There is a $7.99/unit restocking fee for returns.
We do not accept items returned that have been opened or used for safety and quality assurance. Opened Items are Non Refundable.
Products returned will be refunded based on prorated amount and the amount of refund will depend on the package selected.
Example: If customer buys 3 pack subscription order for $129, uses 1 bottle and returns 2 unopened bottles a refund in the amount of $129 divided by 3 = $43 per unit x 2 returns= $86. Less $15.98 restocking fee ($7.99/unit) = $70.02 will be refunded. Please allow up to 5-10 business days after we have received the returns for a refund to the original payment method.
It is your full responsibility to adhere to following requirements in order to receive a refund. Please email us at [email protected] if you have any questions or need any clarifications based on your specific order.
Please contact our support team ([email protected]) for full return instructions and return address.
To ensure that your account is correctly noted, you must send back product returns to the address provided along with your order number. The order number must be clearly written on the package that you are sending back. Our shipping department is NOT allowed to accept any packages without an order number.
6. Legal Disclaimer
Statements made by Company have not been evaluated by the food and drug administration. The FDA Dose not evaluate or test herbs. These products are not intended to diagnose, treat, cure or prevent any illness or disease. Consult with your physician for diagnosis or treatment. Use herbs as per instructions and always watch for any allergic reactions.
The information presented on this site is not presented with the intention of diagnosing any disease or condition or prescribing any treatment. It is offered as information only, for use in the maintenance and promotion of good health in cooperation with a licensed medical practitioner. In the event that any individual should use the information presented on this website without a licensed medical practitioner’s approval, that individual will be diagnosing for him or herself. No responsibility is assumed by the Company, author, publisher or distributors of this information should the information be used in place of a licensed medical practitioner’s services. No guarantees of any kind are made for the performance or effectiveness of the preparations mentioned on this website. Furthermore, this information is based solely on the traditional and historic use of a given herb, or on clinical trials that are generally not recognized by any US government agency or medical organization. This information has not been evaluated by the US Food and Drug Administration, nor has it gone through the rigorous double-blind studies required before a particular product can be deemed truly beneficial or potentially dangerous and prescribed in the treatment of any condition or disease. The Product is intended for use by persons at least 18 years of age. If you are pregnant, nursing or taking any medication, you represent and warrant that you either have consulted, or will consult, with a health care professional before taking the Product, and you will cease immediately taking the Product and will contact a health care professional if you experience any ill effects or unintended side effects of the Product. We do not guarantee that you will have any specific or particular result or benefit from the Product, or that your experience will match those of others who use the Product. Individual results will vary from person to person.
7. Sales and Distribution.
Distributors will not sell any products on eBay, Amazon, Aliexpress, DH Gate, or Wish.com any of their affiliate’s websites or any other auction website or online marketplace. Prices do not include and are net of any foreign or domestic governmental taxes or charges of any kind that may be applicable to the sale, licensing, marketing or distribution of the products.
All Distributors must have full consent from XOTH NUTRITION or MY VICE INC. with intention to sell with distribution agreement. Any reselling of Xoth Nutrition products without consent is strictly prohibited and against terms of service and violate Trademark of ‘Xoth’ or ‘Xoth Nutrition’ with US Patent and Trademark Office.
8. YOUR REPRESENTATIONS
You represent that you are at least 18 years of age and that you will not permit a person under 18 to order, or use, the Product. You represent that the information provided by you when placing your order is up-to-date, materially accurate and sufficient for us to fulfill your order in a timely and efficient manner. You are responsible for maintaining and promptly updating your account information with us and keeping such information (and any passwords given to you for the purposes of accessing the Website and/or purchasing Products) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to the Product only extend to you on the understanding that you are a user, and not a reseller, of the Product. You shall not re-sell, re-distribute or export any Product that you order from the Website.
You agree to pay for the Product and any taxes, shipping or handling of Product as such costs are specified by us on the Website when you submit your purchase order. Payment shall be made prior to delivery and by such methods as indicated on the Website (and not by any other means unless we have given our prior consent to such alternative payment methods).
9. REJECTION, DAMAGE OR LOSS IN TRANSIT
We shall not be liable and you shall not be entitled to reject Product delivery, except for damage to the Product or any part thereof occurring in transit (where the Product is carried by our own transport or by a carrier on our behalf), and where we are notified of such damage within five (5) business days of your receipt of the Product.
10. LIABILITY LIMITATION
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT COMPANY WAS AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCTS YOU ORDERED. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. THE PRODUCTS ARE SOLD AND DELIVERED TO YOU “AS IS” WITH NO WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
You agree to defend, indemnify, and hold harmless Company, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your misuse of the Website, or your breach of any of these terms and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you.
Any notice or other communications arising in relation to this Agreement shall be given by sending an e-mail to the latest email address that one party has notified in writing to the other. In the case of Company, the email address can be found at [email protected] In the case of sending notices to you, Company will use the email address you provided to Company when you ordered your Product. Such notices or communications (where properly addressed) shall be considered received on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of forty-eight (48) hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
We reserve the right to terminate your access to or use of this Website and/or your subscription to the Product should we believe that you have violated any of the terms of this Agreement or if we believe you have sought, in bad faith, charge backs, credit backs, Product returns, discounts or any other conduct designed to injure, harass or disrupt this Website or the Company’s business operations.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Web Site order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
15. SALES TAX
If you purchase any Products available on our websites, you will be responsible for paying any sales tax indicated on the Web Site.
16. INTELLECTUAL PROPERTY RIGHTS
The Website, and all content appearing therein, are the sole and exclusive property of the Company or its licensors. No license or ownership rights in or to any content of the Website are conveyed to you by reason of this Agreement or your purchase of Product. The Website and its content are protected under the laws of copyright and trademark. Unless otherwise permitted by law, you may not copy, republish or transmit any portion of the Website without Company’s prior written consent. When you purchase or order any Product through this website or from Company, you expressly agree that your do not have any license for the resale of any Product and that the resale of Product is expressly prohibited.
17. FOREIGN TRANSACTION FEES
In some instances, billing for your product, or shipping fee may originate from outside of the United States and in some occasions, your financial institution may charge a fee for processing this payment. You are responsible for these processing fees assessed by your financial institution per your card holder agreement.
All prices on this website are in United States Dollars (USD).
All international orders sent to countries outside of the United States may be subject to import charges. Xoth Nutrition accepts no responsibility for these import charges – please check with your customs office before ordering if you are unsure as to whether this applies to your country.