SHIPPING, RETURNS, TERMS and DISCLAIMER
By registering or placing an order, you agree to receive email marketing and order status emails.
Opting out will still allow order status emails.
**** A valid PHYSICAL Continental USA address must be provided to ensure delivery *****
SHIPPING TIME FRAME
- Flat rate orders placed by 12pm (noon) EST Monday-Friday, generally arrive within 3 - 5 business days after they ship.
- FedEx orders - if placed by 12 pm (noon) EST Monday-Friday, they process and get picked up for shipment by FedEx the same day. Orders will deliver on the 2nd or 3rd business day after the order date/day, depending on which shipment option was chosen.
- If placed after 12 pm (noon) EST on any day, it misses the "same day ship deadline" and these orders will ship the next business day.
- COMPANY reserves the option to add additional fee(s) for odd or over-sized items and for return shipping on undeliverable orders.
ORDERS are affected by Holidays, war and acts of nature (ie: Covid-19, etc). Orders are filled and shipped from Michigan.
TERMS and DISCLAIMER
No Warranty – Disclaimer
You agree by purchasing items sold on COMPANY'S website that they do not cause weight loss nor fat loss, nor "treat" an illness or disease. You also agree you will not misconstrue information nor make claim(s) that products sold on COMPANY'S website 'treat, cure or change structural function of the body". You understand and agree that weight management products are for your personal use along with a comprehensive weight management program in healthy adults and can be used with diet and exercise, if weight loss and/or fat loss is the goal. You also agree that if you have any concerns or health conditions, before you purchase and/or use products sold by COMPANY, you will consult a Medical Doctor for permission and supervision of products and use. COMPANY reserves the right to change product ingredients, directions, description, etc. without notice. If product details on COMPANY'S website have not been updated to match the product label. product label is correct and overrides website content.
COMPANY does not make claims to treat any disease or health conditions with products or through content made on COMPANY'S website, product labels, written content, in phone conversations and/or email communications. You understand and agree that purchase and/or use of items purchased from COMPANY are at your sole discretion and you take full responsibility for results and outcome.
If you have concerns, consult with your physician before purchasing and/or using any items from COMPANY'S website. COMPANY'S website products are NOT for use in children under the age of 18, unless authorized by his/her physician.
Pregnant or nursing mothers, children under 18, and individuals with a known medical condition should consult a physician before using any dietary supplement. These statements have not been evaluated by the Food and Drug Administration. Products on COMPANY'S website are not intended to diagnose, treat, cure, or prevent any disease.
COMPANY and its website contents and/or promotional materials are provided on an “as is” basis. COMPANY'S officers, directors, employees, agents, licensors, suppliers, content providers and the like (affiliates or associates) make no representations or warranties of any kind, express or implied, with respect to this information, including without limitation the products, information or services offered or sold by COMPANY and/or its affiliates. COMPANY and/or its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. No oral or written statements by COMPANY and/or its affiliates will create any warranty not expressly set forth in writing.
Usage
As a customer, you agree that COMPANY may terminate or suspend your account and/or access to all or part of COMPANY'S website without notice, for any conduct that COMPANY, in its sole discretion, believes is in violation of this agreement or any applicable law or is harmful to the interests of another user, COMPANY and/or its affiliates.
Limitation of Liability
COMPANY AND/OR ITS AFFILIATES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF COMPANY'S PRODUCT, INCLUDING WITHOUT LIMITATION ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A RE-SELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR (VII) FOR ANY OTHER MATTER RELATING TO COMPANY’S BUSINESS, OR (VIII) FOR ANY PERSONAL HEALTH CLAIMS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE USER ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND THE USER. THE PRODUCTS, INFORMATION AND SERVICES OFFERED BY COMPANY WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. BECAUSE THE LAWS OF SOME STATES MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Notwithstanding the foregoing, the sole and entire maximum liability of COMPANY shall be limited to the amount paid by customer for any product, information or service purchased by customer from COMPANY.
As a customer, you agree to indemnify, defend and hold harmless COMPANY and/or its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct; any activity related to your account by you or any other person; any material that you submit to, post on or transmit to COMPANY; violation of these Terms of Use; infringement or violation of any rights of another, or termination of access to your account.
GENERAL INFORMATION
HCG Diet Plan is herein referred to as "COMPANY".
Normal Business Hours
Normal
business hours are hereinafter defined as Monday thru Friday 9am – 5pm
EST, EXCLUDING USA Holidays and others as may be deemed throughout the
year.
Order Acceptance
By
placing an order on HCGDietPlan.com, you authorize COMPANY to
charge your credit card for the total amount calculated, and you will not dispute an order you placed with COMPANY. You agree that the delivery address on your order
is valid to receive deliveries. If the order cannot be delivered, you will be responsible for return fees. If you want a new order sent to an alternative valid delivery address, you will need to place a new order. Expedited orders are shipped ONLY via FedEx and ONLY to a physical address.
FedEx will not deliver to a PO Box. Please note that there may
be certain orders COMPANY is unable to accept, either in full or in
part, and said orders will be cancelled or modified. COMPANY reserves
the right, at COMPANY'S sole discretion, to refuse, cancel or modify an order
for any reason.
Some
situations may result in a customer’s order being canceled or modified,
including limitations on quantities available for purchase;
inaccuracies or errors in product or pricing information; product or
ingredient restrictions mandated by local, state, national or
international regulations; address inaccuracies; or problems COMPANY identifies. COMPANY may also require additional verification or information
before accepting an order. COMPANY will contact you if all or any portion of
the order is canceled or if additional information is required to
accept your order. COMPANY also reserves the right to restrict specific
product sales to certain countries, territories, etc. as COMPANY deems necessary and COMPANY reserves the right to add a signature delivery requirement to your order and you agree that COMPANY may charge your credit card a confirmation signature fee.
If COMPANY cancels your order after your credit card has been charged, COMPANY will issue a credit to your credit card for the amount of the charge.
Customs
COMPANY does not currently ship outside the Continental USA.
In cases that COMPANY ships outside the Continental USA: COMPANY strictly follows all known national and
international regulations regarding the sale, purchase and shipment of
any product or product ingredient that is considered restricted or
prohibited by any law within the United States or abroad, as well as
regulations regarding exporting to other countries. A variety of customs
fees, taxes, and duties may be charged on orders shipped outside the
United States, which are out of COMPANY'S control. You
agree that you are responsible for any charges incurred to obtain
possession of your order package(s). You are advised to determine any
and all fees and taxes that may be imposed to import products to you that are offered by
COMPANY and you agree to be fully responsible for
such fees and taxes.
If you fail to claim a package due to refusal
to pay customs fees, COMPANY will not issue a refund
to you even if the goods are shipped back to COMPANY. If customs holds the
order and refuses to deliver to you, you must notify us. At our
discretion, we will decide if the order should be disposed of or return
shipped to COMPANY. You agree to pay all shipping fees incurred in this
transaction, as well as a return and restocking fee or disposal fee,
whichever is applicable. A net refund will be issued once the situation
is completely cleared up.
RETURN POLICY
ALL SALES ARE FINAL AND NON-RETURNABLE
Due
to the nature of our products' shelf life and tampering policies,
products are only shipped once and are non-returnable nor
non-refundable if you decide you do not want them. Once an order is placed, it cannot be changed, cancelled or refunded unless COMPANY ships you the wrong product(s).
Also
please note, nutritional products are susceptible to damage from heat
and cold. You should not leave products unattended in your automobile or
other hot or extremely cold environment.
Equipment
sold on our website that is deemed defective is backed by the
individual product manufacturers’ limited warranty and will either be
replaced or repaired at manufacturer’s sole discretion. Returns for
equipment must be authorized by Company before return during warranty
period.
Order Cancellations
Be sure your order is accurate because once an order it placed, it cannot be cancelled or changed. Company has a no return/no refund policy after orders are placed unless COMPANY ships incorrect items.
Lost or Stolen Merchandise
COMPANY will not replace lost or stolen merchandise that has been shown to be
delivered by DHL, USPS, Fed Ex or by another delivery service of COMPANY'S choice. Some delivery methods only have a minimal claim option and other have none at all. If you feel your order was lost or stolen, please contact COMPANY for order claim options. If
you feel your order cannot be safely delivered to its destination,
please contact us to add additional fee-based insurance and a delivery
signature requirement before you place your order.
If an insured order is subsequently deemed lost or stolen, and a claim
can be filed with the delivery service, verification documents will be sent to you for completion and
signature. Upon completion and confirmation of lost or stolen goods, a
replacement order will be sent. Your cooperation will be necessary to
assist and expedite our ability to complete claims with the delivery
service to recover the merchandise cost. Orders without added insurance
may not be eligible for a claim to be filed.
Non-Deliverable Address:
You
agree to provide a valid physical delivery address. A PO Box cannot be used for expedited orders. If your address is not valid to
accept delivery and shipper returns it to COMPANY, once received, you will be
charged a 10% restocking fee. If you received your ordered via "flat rate or free shipping", you will be charged the actual shipping rate that COMPANY incurred to ship your order to you as well as the return shipping and processing fees. A
net refund (if any) will be issued back to the credit card you used to place the
original order. If you want the order placed again, a new order can be placed on HCGDietPlan.com or COMPANY will offer to place the new order for you.
If COMPANY does not receive the non-deliverable package back, you will not be eligible for a refund of any nature.
TERMS
Prices & Currency
Product
prices on HCGDietPlan.com are in U.S. dollars and do not include
additional costs such as shipping, special handling, sales tax,
etc. When applicable, these will be added to your order at check-out. COMPANY is not responsible for nor collects fees such as: duties; customs fees;
insurance costs; tariffs; and/or value-added taxes, unless otherwise
stated. To add insurance and delivery signature confirmation, call COMPANY BEFORE you place your order to make arrangements for these to be added.
Pricing, Typographical or out of Stock Errors
COMPANY'S website strives to provide accurate product replication of product labels and availability; however errors may occur. In the event of an error on the website of product label replication, you agree to hold COMPANY harmless and product label supersedes website details.
In the event a product is out of stock and "on order", COMPANY will contact you via phone or email with an updated delivery date. You will have the option to cancel the product or accept delivery when in stock. If we cannot reach you and/or do not hear back from you within 48 hours, your order will be put on hold until you contact us. If we do not
hear back from you within 7 days, we will cancel your order and refund
the amount you paid for the out-of-stock product.
Products for Resale
COMPANY reserves the right to limit the quantity of items purchased per person,
per household or per order. These restrictions may be applicable to
orders placed by the same account, the same credit card, and/or to
orders that use the same billing and/or shipping address. COMPANY will
provide notification to your e-mail and/or billing address provided
should such limits are applicable. We also reserve the right to prohibit
sales to dealers and current wholesale accounts with COMPANY.
JURISDICTION
Applicable Law - Jurisdiction
This
Agreement shall be governed by and construed in accordance with the
laws of the State COMPANY is located in without regard to choice of law rules. As a
customer, you agree to submit to personal jurisdiction in COMPANY's State and you further agree that any cause of action arising from or
relating to the use of COMPANY'S products or this Agreement shall be
brought exclusively in Federal or State Courts for the County and State COMPANY is located in.
Severability - Interpretation
If
any provision of this Agreement shall be deemed unlawful, void, or for
any reason unenforceable by a court of competent jurisdiction, the
validity and enforceability of any remaining provisions shall not be
affected. When used in this Agreement, the term “including” shall be
deemed to be followed by the words “without limitation.”
Entire Agreement
This
Agreement constitutes the entire and only Agreement between COMPANY and
you (the customer) with respect to the subject matter of this Agreement
and supersedes any and all prior or contemporaneous Agreements,
representations, warranties and understandings, written or oral, with
respect to the subject matter of this Agreement.
Changes to Terms Agreement
Company may, in its sole discretion, amend this Agreement from time to time without notice.
Miscellaneous
The
failure of COMPANY or its affiliates to insist upon strict adherence to
any term of this Agreement shall not constitute a waiver of such term
and shall not be considered a waiver or limit that party’s right
thereafter to insist upon strict adherence to that term or any other
term of this Agreement. The “No Warranty – Disclaimer” and “Limitation
of Liability” provisions of this Agreement are for the benefit of
Company and its affiliates as defined herein, and each of these
individuals or entities shall have the right to assert and enforce these
provisions directly against you on its own behalf.
With
the prior agreement of COMPANY, any claim, dispute or controversy
arising or concerning COMPANY'S websites, products and/or this Agreement shall be
decided by binding arbitration with the Rules of the American
Arbitration Association and any such arbitration pro brought will be
held in the County COMPANY is located in.
The decisions of the arbitrators
shall be conclusive upon all parties involved and judgment upon any
award of the arbitrator by any court having competent jurisdiction. This
provision shall be specifically enforced by a court of competent
jurisdiction.