RCLIN Swiss SA (the “Company,” “we”, “us”, or “our”), a company established under the laws of Switzerland, is in the business of manufacturing and selling vitamins and other supplements (the “Products”) through a website and associated web pages located at rclin-pharma.com (the “Site”). The Company 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, hereinafter all referred to as “customers”. If you choose to use the Site or purchase any of our Products, you will be agreeing to abide by all of these Terms of Service. These Terms create a legally binding agreement between you and the Company.
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.
In addition, when using particular Products, you may be subject to any additional terms, guidelines or rules applicable to such Products which are posted on the Site and/or included with such Products. All such additional terms, guidelines and rules are hereby incorporated by reference into these Terms of Service. Also, we may offer other Products from time to time that are governed by different terms. However, unless we otherwise specify, these Terms shall control with respect to any such additional Products.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority 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 or Products, 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 personally identifiable information (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.
SECTION 3 – ACCURACY, COMPLETENESS AND 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 – PRICING, TAXES, CHARGES AND IMPORT FORMALITIES
We reserve the right to change pricing and billing practices at any time. However, any such changes will be provided to customers prior to taking effect so customers have the chance to modify or cancel their purchases. While you are using the Service or Products, you will be billed for and will be obligated to pay for all applicable charges.
You are responsible for paying any and all sales, import, shipping or other charges and taxes which may be related to your purchase of the Products, unless explicitly stated otherwise.
You are responsible to verify, if there are any import restrictions that may apply to the Products and what import formalities to follow. We accept no responsibility in case any of the Products are not allowed to be imported into the destination country for whatsoever reason.
SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Service and 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 hereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or Products.
SECTION 6 – PRODUCTS OR SERVICES (if applicable)
Products and services are only available online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products. 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 any time 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.
The Products and the claims made about specific Products on or through the Site have not been evaluated by the United States Food and Drug Administration and are not intended to diagnose, treat, cure or prevent disease.
ALWAYS SPEAK WITH A HEALTHCARE PROFESSIONAL BEFORE TAKING ANY DIETARY, NUTRITIONAL, HERBAL OR HOMEOPATHIC SUPPLEMENT.
RCLIN Swiss SA does not warrant and shall have no liability for information provided in this Site regarding recommendations concerning supplements for any and all health purposes. This information is provided solely as a guideline to be used when discussing a program with a healthcare professional.
The claims made about specific nutrients or products have not been evaluated by the Food and Drug Administration. Dietary supplements are not intended to diagnose, treat, cure or prevent disease. Please consult with a healthcare professional before starting any diet, exercise or supplementation program.
RCLIN Swiss SA makes no guarantee or warranty, express or implied, with respect to any products or services sold, including any warranty of merchantability or fitness for a particular purpose. You should read carefully all product packaging prior to use.
Information on the Site is provided for informational purposes and is not meant to substitute for the advice provided by your own physician or other medical professional. You agree to keep your health care professional informed about any dietary supplements you are taking or intend to take, including our products. You shall not use the information contained herein for diagnosing or treating a health problem or disease, or prescribing any medication. You shall read carefully all product packaging and follow all directions and instructions therein contained. If you have or suspect that you have a medical problem, immediately contact your health care provider. You shall not disregard professional medical advice or delay in seeking it because of something you have read on the Site. You are solely responsible for the appropriateness of the vitamins and supplements you choose. We do not guarantee that our products are appropriate for everyone, or that they meet your particular needs or that they will perform for you in the manner you expect.
SECTION 7 – ACCURACY OF BILLING AND 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 will attempt to notify you by contacting the e-mail 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 and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 8 – OPTIONAL TOOLS
We may provide you with access to third-party tools which we neither monitor nor have any control nor input over. 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 9 – 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 of those third-party websites, 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 10 – USER COMMENTS, FEEDBACK AND 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 e-mail 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 11 – PERSONAL INFORMATION
SECTION 12 – ERRORS, INACCURACIES AND 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 13 – 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, state or local regulations, rules, laws; (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 14 – 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 of time 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. This Site and all information, content, materials, products, and services included on or otherwise made available to you through this Site are provided by RCLIN Swiss SA on as “as is” and “as available” basis, unless otherwise specified in writing. RCLIN Swiss SA makes no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials, products, or services included on or otherwise made available to you through this Site, unless otherwise specified in writing. You expressly agree that your use of this Site is at your sole risk.
To the full extent permissible by applicable law, RCLIN Swiss SA disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. RCLIN Swiss SA, nor any affiliate, does not warrant that this Site, information, content, materials, products, or services included on or otherwise made available to you through this Site, their servers, or e-mail sent from RCLIN Swiss SA are free of viruses or other harmful components. RCLIN Swiss SA will not be liable for any damages of any kind arising from the use of this Site or from any information, content, materials, products, or services included on or otherwise made available to you through this Site, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product side effect or reaction, product modification, improper product selection, non-compliance with any codes, or misappropriation. Please refer to your local laws for any prohibitions.
In no case shall RCLIN Swiss SA, 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 jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the minimum liability permitted by law.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless RCLIN Swiss SA, 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 16 – GOVERNING LAW AND SEVERABILITY
These Terms of Service shall be governed by and construed in accordance with the laws of Switzerland without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Service and or your use of the Site resides in the courts located in Switzerland, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any provision in these Terms of Service shall be deemed a further or continuing waiver of such provision or any other provision.
SECTION 17 – 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 18 – 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 19 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
RCLIN Swiss SA
Rue du Lac 10,
1815 Clarens, Switzerland
By phone: +41 21 963 2500