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TERMS & CONDITIONS - www.shopdukandiet.com
This agreement (hereinafter, the “Agreement”) between DIET COACHING INC. (hereinafter “Diet Coaching”, “us” or “we”) and you sets forth the terms and conditions (the “Terms and Conditions”) which govern your use of the website www.shopdukandiet.com (the “Site”) and our service for sale (the “Service”) of the products (the “Products”).
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ORDERING ANY PRODUCT.
By placing an order for any Product, you agree to be bound by these Terms and Conditions. If you do not agree with all the Terms and Conditions, do not use the Site and do not order Products.
1. Who can buy Products?
The Site allows you to purchase Products. The Site is based in the United States. All transactions on this Site will be deemed executed in the United States.
To purchase any products on the Site, you must:
(a) use the Products solely for personal use and not for resale,
(b) be at least eighteen years of age,
(c) have a shipping address located in the Continental United States. Canada will soon be available.
(d) provide us with valid payment information associated with a credit card or other
payment method that you are authorized to use, and
(e) authorize us to charge your credit card or other payment method for the price of the Products that you request, together with any taxes, fees, or shipping charges described on the Site.
Your order will be binding on us only after we have issued a written acceptance and received payment in full. We reserve the right to refuse, or cancel orders and issue refund if such course seems to be advisable and to our best interests. This means that Diet Coaching may refuse to accept, or may cancel, any order, whether or not it has been confirmed, without liability to you or any third party.
3. Prices: Payment
Prices of Products are as quoted on the Site. All prices are subject to change without notice. Prices are exclusive of charges such as transportation and taxes (where applicable). These charges will be added to the price of the Products ordered.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. If your order for purchase is not for whatever reason showing the correct price for the Products, we will inform you that the price is incorrect and advise you of what action needs to be taken.
We only accept payment through major credit cards.
4. Unavailability of Products
We make every effort to ensure that sufficient Products are available in stock to meet your order. However, occasionally we may find that stock is unavailable. If we cannot deliver the Products you have ordered within thirty (30) days of your order, we will contact you and ask how you wish to proceed. You may cancel your order for a full refund (including delivery charges), await the arrival of the Product in stock (unless we inform you that the Product will not be coming back into stock) or change your order to replace the Product originally ordered with an alternative product (with a corresponding adjustment in the price).
5. Cancellation: Returns
(a) You have the right to cancel your order and return the Products ordered within fourteen (14) business days (exclusive of weekends and bank holidays) after you receive them. You must contact us as soon as possible after your receipt of the Products. You can contact us either by logging on to our site and going to the section “Contact us” or by telephone at: 1-855-DUKAN4U (855-385-2648). After the return period has expired, all sales are final, and we will not accept returns or issue refunds.
(b) Please note that if you cancel your order and return the Products, you will be responsible for shipping charges of the Products back to us. Upon receipt, we will inspect the Products. If we are satisfied with this inspection, we will issue a refund of the amount you originally paid to us, less original shipping charges and a 20% restocking charge, based on the price of the Products, within 30 days from the date when we receive the returned merchandise via the same payment mode as the one used for the order.
(c) In offering Product descriptions on the Site, we attempt to be accurate, but we do not warrant that any description is accurate, complete or error free, nor do we represent that any Product will diagnose, treat, cure, or prevent any decease. If you receive a Product and believe that it materially differs from the Product description, your sole remedy will be to return the Product to us for a refund or replacement in conformance with the procedures provided in this Section 5.
(d) Products must be returned to us in their original packaging and at your expense. Your failure to comply with this returns policy may delay processing of your return and of any refund, or replacement.
6. Damaged or Faulty Products
In case Products are damaged or faulty upon delivery, please contact us to report, and return the Product to us in accordance with our returns policy in Section 5. On inspection of the Products, if we are satisfied that the Products are damaged or faulty, we will either offer a refund, replacement or exchange. In this event we will refund to you the costs of delivering the Products back to us.
7. Sweepstakes, Contests, Games and Promotions
(a) We often include sweepstakes, contests, games and promotions on the Site. The rules, regulations and procedures governing any of the foregoing shall be accessible through a hypertext link prominently displayed on the page where the sweepstake, contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.
(b) Please note that promotions when offered are not cumulative. Promotions are open to everyone to the exception of our employees and individuals, together with their families, involved in the direct or indirect design of the event.
9. Disclaimer of Warranties
(a) WE OFFER NO WARRANTIES OF ANY KIND ON THE PRODUCTS.
(b) THE SITE AND THE PRODUCTS SERVICE, AND ANY CONTENT AND TOOLS, DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DIET COACHING AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITE AND/OR PRODUCTS SERVICE AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SERVICES AND SITE ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THE SITE AND THE PRODUCTS SERVICE AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE AND SERVICES ARE ENTIRELY AT YOUR OWN RISK.
10. Limitation of Liability
NEITHER DIET COACHING NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICE; (ii) ANY CONTENT CONTAINED ON THE SITE; (iv) ANY PRODUCT PURCHASED THROUGH THE SITE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE OR THE SERVICES, OR (vii) ANY OTHER MATTER RELATING TO THE SITE, AND/OR SERVICE AND/OR PRODUCTS.
IN NO EVENT SHALL DIET COACHING'S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PURCHASE OF PRODUCTS THROUGH THE SITE.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SITE, OR WITH ANY PROVISION OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS SITE.
IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Health Disclaimer
WE DO NOT WARRANT AND SHALL HAVE NO LIABILITY REGARDING INFORMATION PROVIDED ON THIS SITE REGARDING RECOMMENDATIONS FOR SUPPLEMENTS FOR ANY AND ALL HEALTH PURPOSES. THIS INFORMATION IS PROVIDED SOLELY AS INFORMATION FOR YOU TO USE WHEN DISCUSSING A DIET REGIMEN WITH YOUR HEALTH CARE PRACTITIONNER.
The Products on this Site have not been evaluated by the United States Food and Drug Administration, they are provided to you as a resource only. These Products are not intended to diagnose, treat, cure or prevent any decease.
Diet Coaching is not a medical organization and we cannot give you medical advice. We strongly urge you to consult with your physician (or primary health-care provider) before starting any weight loss plan. We also urge you to get periodic medical checkups. Medical monitoring is especially important for people with a known medical condition.
Diet Coaching offers health, fitness and nutrition related information, but is designed for non-commercial, informational purposes only.
YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SITE OR SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE AND/OR SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE SITE AND/OR SERVICES IS SOLELY AT YOUR OWN RISK.
Nothing stated or posted on the Site is intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of these Terms and Conditions, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or advice.
This Site and the Products are intended for use only by healthy adult individuals. The Site and the Products are not intended for use by minors under 18 years of age, pregnant women, or individuals with any type of health condition, including without limitations insulin dependent diabetes, bulimia nervosa, cardiac insufficiency, renal insufficiency, and depression. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen.
You agree to indemnify, hold harmless and, at our option, defend Diet Coaching and its affiliates, officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Site and/or Products, your violation of these Terms and Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
13. Proprietary Rights
You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and is the sole property of Diet Coaching or its licensors. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning Diet Coaching or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
14. Acceptable Use Policy
Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purpose of placing an order for Products. You may use the Site only for personal, non-commercial use, or for the purchase of Products. Any other use of materials on this Site –including reproduction for purposes other than noted above, modification, distribution, or replication-without our prior written permission is strictly prohibited.
We reserve all rights in the Content and the Site that we do not specifically grant in these Terms and Conditions. You also may not use the Site in a way that could harm us or any third party. For example, you may not use the Site in a way that could:
-damage or interfere with the proper working of the Site;
-intercept any Content or information that we have not intentionally made available to you or defeat any access controls that we have implemented;
-give you access to the Site or Content using any interface other than the interface that we provide, or attempt to "scrape" or "harvest" Content, except if you use a "robot" program in connection with a bona fide internet search engine and we do not instruct you not to access the Site using that program;
-frame the Site, display any Content in connection with an unauthorized logo or mark, or do anything that could suggest falsely a relationship between us and any other party;
-convey unauthorized claims about the curative or health enhancing effects of our products or suggest that we have made such claims; or
-otherwise adversely impact the operation of the Site, us, or any third party.
In addition to our other legal rights, we may refuse orders for Products, suspend or cancel pending orders, at any time and for any reason, without prior notice to you including our belief you violated these Terms and Conditions.
15. Copyright Policy
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Diet Coaching infringe your copyright, you or your agent may send to Diet Coaching a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Diet Coaching actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Diet Coaching a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
Diet Coaching Inc.'s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: Designated Agent: Legal Counsel, 915 Broadway, Ste 1001, New York, NY 10010 address, Telephone: 1-855-DUKAN4U (855-385-2648), Fax: 1-646-219-4828. E-mail for notice: firstname.lastname@example.org. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
16. Governing Law and Choice of Forum
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Site and/or Products or these Terms and Conditions shall be filed only in the state or federal courts located in New York County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
17. General Information
If any provision of these Terms and Conditions shall be 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.
These Terms and Conditions are the entire agreement between you and us relating to the subject matter herein.
These Terms and Conditions may be modified only by our posting of changes to these Terms and Conditions on this Site, or by written agreement of both parties. Each time you access this Site, you will be deemed to have accepted any such changes.
We may assign our rights and obligations under these Terms and Conditions. These Terms and Conditions will inure to the benefit of our successors, assigns and licensees.
The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms and Conditions, or to exercise any right under the Terms and Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
Thank you for visiting our Site.