Norton Shopping Guarantee
12/6/2019

Terms

1. SCOPE & APPLICATION

1.1 You unconditionally acknowledge and expressly agree to these terms and conditions set forth herein as a binding contract ("the Agreement"). The following are the terms and conditions regarding purchases made on bodthindiet.com for any product on this Site, all such references to product shall be "Product" or “Products”. "Customer", "I", "You" or "Your" refers to you. "Site" means this website located at the URL https://bodthindiet.com/ . The company is referenced as "We", "Us" or "Our", and we reserve the right to amend this Agreement from time to time. It is agreed that any such amendment will apply to Customer. We agree to inform Customer of any amendment to the Agreement. Should Customer fail to object to any amendment to the Agreement within seven (7) days, such failure shall serve as an acceptance of the amendment.

2. PRICING AND ORDERING

2.1 All Product purchases made from this Site are required to be paid in full. For more details about our Products, please visit https://bodthindiet.com/

2.2 Prices may be indicated on the Site or included in an automatic e-mail acknowledgement but the authoritative price in the event of any discrepancy, is the price that is declared to You on Our Acceptance.

2.2.1. At the time of issuance of these terms and conditions, the prices for the products are as follows:

5 bottle package is $39.80 for each bottle, for a total of $199.00;

3 bottle package is $43.00 for each bottle, for a total of $129.00; and

1 bottle package is $69.99

2.3 You authorize us to initiate a one-time charge to your provided payment method as indicated upon your purchase.

2.4 Your order will ship within 24 hours of payment clearance and will arrive within 3-5 business days. If your Products do not arrive within the given amount of time, we invite you to call customer service to address the delay. Although we strive to make our deliveries as timely as possible, circumstances may arise such as inclement weather, natural disasters, or other postal delays, which are out of our control and may impede the timely arrival of your Products. You agree we are not liable for such delays.

2.5 Please contact Customer Service at the toll free number 888-685-3890 between the hours of 8:00 am to 8:00 pm Eastern Standard Time, seven days a week, with any questions regarding your order, payment method, Products, or return.

2.6 In the event the payment is declined, you authorize us to automatically re-try a discounted package immediately and up to forty-eight (48) hours after the initial charge.

2.7 We have the right at any time prior to Our Acceptance, and in our sole discretion, to withdraw any discount and/or to revise prices to take into account increases in costs including but not limited to costs of any materials, transportation, handling, labor or the increase or imposition of any tax, duty or other levy and any variation in currency exchange rates. We also reserve the right to notify You of any errors in Product descriptions or errors in pricing prior to order fulfillment. In such event if you choose to continue with fulfillment of the order, You acknowledge that the Products will be provided in accordance with such revised price or description.

2.8 The locations to which we offer delivery are listed on the Site and referred to as the "Territory". Unless otherwise specified, prices quoted are exclusive of the costs of shipping or handling to the agreed place of delivery within the Territory as stated in this Agreement or on the Site, and exclusive of local taxes or duties where applicable. All such extra costs must be added to the price payable and collected prior to fulfillment of your order.

2.9 You agree to pay for shipping, handling, taxes or duties of Products as such costs are specified by Us when You submit Your order or contained within our Acceptance. Full payment shall be made prior to order fulfillment and by such methods as are indicated on the Site.

2.10 Except as expressly provided elsewhere in this Agreement or on the Site, payment may be taken in full notwithstanding any claim for short delivery or defects.

2.11 We will charge your payment method upon order Acceptance. We reserve the right to verify your payment method prior to Acceptance.

2.12 If at any time you fail to pay any amount due on the relevant due date, or we are unable to collect payment own because of lack of funds or cancelled account, We may by notice declare all amounts unpaid at that date to be immediately due and payable. No counterclaim or reduction may be deducted from any payment due without our written consent. We may also take action against You for the price of Products at any time after payment has become due even though possession of those Products may not yet have passed to you.

3. RETURNS, CANCELLATION AND REFUND POLICY

3.1 For returns, email support@bodthindiet.com or call at 888-685-3890

3.2 For cancellations, you may also email customer service at support@bodthindiet.com

3.3 REFUND POLICY. You must call Customer Service at the toll free number 888-685-3890 before any arrangements will be made to issue a refund. Note that shipping and handling fees are non-refundable. You may return your product in its unopened package within 30 days for a full refund. Your account will be credited within 14-30 days of receiving your product at our warehouse. If you do not see a refund within that time, please contact customer service.

3.3.1 Individuals with a medical condition, who are pregnant, or have reason to believe they may become pregnant in the next sixty (60) days should not order this Product. Requests for refunds will not be accepted for these reasons. You must consult a physician prior to placing an order if you are unsure about whether you can take this product.

3.3.2 Your account will be credited 14-30 days upon receipt of your returned product at our warehouse. The same payment method used to purchase the product will be credited. If you do not see a credit within this time period, please contact customer service.

4. DISPUTE RESOLUTION

4.1 You agree to indemnify us for any losses caused by your non-compliance of this Agreement. You are responsible for the reimbursement of any fees or losses incurred as a result of your non-compliance with any section in this Agreement.

4.2 You expressly agree that if you pay by credit card, check or demand debit, you shall abide by the following statement: "I hereby authorize to initiate debit/credit entries to my bank deposit account or credit card."

5. OFFER, ACKNOWLEDGMENT AND ACCEPTANCE

5.1 While we make every effort to ensure that items appearing on the Site are available, we cannot guarantee that all items are in stock or immediately available at the time that you submit your order. We may reject Your order at our sole discretion if We are unable to process it or fulfill it. If so, We will refund any pre-authorized payment that you have made for that Product.

5.2 An order submitted by you is an express agreement to these terms and conditions, but is subject to acceptance at our sole discretion (“Acceptance”)

5.3 Prior to such acceptance and fulfillment of your order, an automatic e-mail acknowledgement of Your order may be generated. Please note that any such automatic acknowledgement does not constitute a formal acceptance by us of Your order.

5.4 We may keep records of orders received, acknowledgements, acceptances and other contract records for a reasonable period after Acceptance. We may be able to provide You with copies of such documentation upon written request; however at the outset of your acknowledgement and express agreement of these terms and condition You must print copies of all such documents for your own records.

6. YOUR REPRESENTATIONS

6.1 You represent that the information, including but not limited to personal information and payment information, provided by You when placing Your order is materially accurate, up-to-date, and is sufficient for Us to process your payment and order. You are responsible for maintaining and promptly updating such information for accuracy and completeness and also for keeping such information (e.g. personal password) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to Your purchase only extend to You on the understanding that You are an individual and not a reseller of the Product.

6.5 We have the right at any time prior to Our Acceptance, and in our sole discretion, to withdraw any discount and/or to revise prices to take into account increases in costs including but not limited to costs of any materials, transportation, handling, labor or the increase or imposition of any tax, duty or other levy and any variation in currency exchange rates. We also reserve the right to notify You of any errors in Product descriptions or errors in pricing prior to order fulfillment. In such event if you choose to continue with fulfillment of the order, You acknowledge that the Products will be provided in accordance with such revised price or description.

6.6 The locations to which we offer delivery are listed on the Site and referred to as the "Territory". Unless otherwise specified, prices quoted are exclusive of the costs of shipping or handling to the agreed place of delivery within the Territory as stated in this Agreement or on the Site, and exclusive of local taxes or duties where applicable. All such extra costs must be added to the price payable and collected prior to fulfillment of your order.

6.7 You agree to pay for shipping, handling, taxes or duties of Products as such costs are specified by Us when You submit Your order or contained within our Acceptance. Full payment shall be made prior to order fulfillment and by such methods as are indicated on the Site.

6.8 Except as expressly provided elsewhere in this Agreement or on the Site, payment may be taken in full notwithstanding any claim for short delivery or defects.

6.9 We will charge your payment method upon order Acceptance. We reserve the right to verify your payment method prior to Acceptance.

6.10 If at any time you fail to pay any amount due on the relevant due date, or we are unable to collect payment own because of lack of funds or cancelled account, We may by notice declare all amounts unpaid at that date to be immediately due and payable. No counterclaim or reduction may be deducted from any payment due without our written consent. We may also take action against You for the price of Products at any time after payment has become due even though possession of those Products may not yet have passed to you.

7. TERMINATION

7.1 In our sole discretion, we reserve the right to decline your order or refrain from conducting any business with you

7.2 This Agreement is concluded after we accept your order, process your payment, and fulfill your order.

8. DELIVERY AND RISK

8.1 Delivery time frames specified on the Site, contained within this Agreement, in any automatic e-mail acknowledgement, Acceptance or elsewhere are provided as estimates only. While We endeavor to meet such time frames, We do not undertake to process or fulfill orders by a particular date or dates and shall not be liable to You in respect of delays or failure to do so. IF PRODUCTS FAIL TO ARRIVE IN THE ESTIMATED DELIVERY TIME OF 3 to 5 BUSINESS DAYS AFTER PAYMENT CLEARANCE, PLEASE CONTACT CUSTOMER SERVICE ADVISE THEM.

8.2 Delivery shall be to a valid address within the Territory submitted by You and subject to Acceptance ("Delivery Address"). You must verify the Delivery Address on any automatic e-mail acknowledgement or Acceptance We provide and notify Us without delay of errors or omissions. After you submit an order, We reserve the right to charge You for any extra costs arising from changes You make to the Delivery Address.

8.3 If You refuse or fail to take delivery of Products provided in accordance with this Agreement, any risk of loss or damage to the Products shall nonetheless pass to you and, without prejudice to any other rights or remedies We have, note that:

8.3.1 We shall be entitled to immediate recovery of incurred fees in full for the Products delivered and either to effect delivery by whatever means We consider appropriate or to store Products at Your risk;

8.3.2 You shall be liable to pay all costs of Product storage and other related additional costs incurred as a result of refusing or failing to take delivery.

8.4 With the exception and to the extent required as a result of your mandatory rights as a consumer under applicable law, You shall not be entitled to reject the delivery of our product in whole or in part due to short delivery and shall pay in full notwithstanding short delivery or non-delivery unless You notify us of any claim within 7 days of the date of receipt of the relevant invoice or order confirmation whereupon You shall pay for the quantity actually delivered.

8.5 Unless otherwise specified in these Conditions, risk of loss of or damage to the Products is passed to You on delivery or when placed in your possession or that of any carrier or transport provided by You, whichever shall occur first.

9. REJECTION, DAMAGE OR LOSS IN TRANSIT

9.1 With the exception of what was covered above as well as any rights You have under applicable law that cannot be excluded or limited by these Conditions:

9.1.1 We shall not be liable and You shall not be entitled to reject products, except for: (a) damage to or loss of Products in transit (where the Products are carried by Our own transport or by a carrier on Our behalf); (b) defects in Products (not being defects caused by any act, neglect or default on your part) and (c) defective performance of Services.

9.1.2 We shall not be liable for any damage or losses arising from the use of the Products in connection with other defective or unsuitable Products that are provided by third parties unrelated to us or Your improper use in any manner inconsistent with the manufacturer's specifications or instructions.

9.1.3 Where these is a shortage or failure to deliver, or any defect in or damage to a Product, We may at our option: (a) (in the case of Product shortage or non-delivery) make good any such shortage or non-delivery; and/or (b) in the case of failure to fulfill our obligations; and/or (c) in the case of damage or any defect(s) in the Product and in accordance with any applicable Returns Policy: (i) replace or repair the Product upon You returning the Product; or (ii) refund the price paid in respect of any Products found to be damaged or defective.

10. LIABILITY LIMITATION

10.1 TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE (1) 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 AND THAT ARE MOST CLOSELY RELATED TO YOUR DAMAGES AND (2) WE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVERAGE.

10.2 We, in our sole discretion, shall not be liable for a chance occurrence or unavoidable or uncontrollable accident beyond either parties’ control that prevents our ability to fulfill obligations under this Agreement.

11. THIRD PARTY RIGHTS

11.1 We are indemnified against any and all liabilities, claims and costs incurred by or made against Us as a direct or indirect result of us carrying out any work on or to the Products where this has been done to Your (or Your representative's) specific requirements or specifications causing an infringement or alleged infringement of any proprietary rights of any third party.

11.2 To the fullest extent permitted by law, we shall have no liability to You in the event the Products or Services infringing or being alleged to infringe the proprietary rights of any third party. If the Products are or may be the subject of patent, copyright, database right, registered design, trademark or other rights of any third party, You should refer to the relevant terms of the Product manufacturer. We shall be obliged to transfer to You only such right or title as we have, on request.

12. WARRANTY "AS IS" IN GENERAL – WITHOUT REGARD TO SEPARATE WARRANTY STATEMENTS PACKAGED BY THE MANUFACTURER WITH THE PRODUCTS.

12.1 All Product specifications, illustrations, drawings, particulars, dimensions, performance data and other information on the Site or made available by Us are intended to represent a general illustration of the Products and do not serve as a warranty or representation by us that the Products will conform with the same. You must refer to the manufacturer's specifications and instructions to determine Your rights and remedies in this regard.

12.2 You will have the benefit of the manufacturer's, licensor's or supplier's warranty with the Products supplied and should refer to the relevant documentation supplied with the Product in this regard.

12.3 Your rights of repair or replacement of any Products or any part or parts thereof which are found to be defective will (except where agreed otherwise) be negated or rendered void where:

12.3.1 Products have been repaired or altered by persons other than the manufacturer, Us or any authorized dealer; and/or

12.3.2 Defective Product or Products have not been returned together with full details in writing of the alleged defects within 30 days from the date on which such Products were delivered; and/or

12.3.3 Defects are due (wholly or partially) to mistreatment, improper use or storage or maintenance or installation, or failure to observe any manufacturers' instructions or other directions issued or made available by Us in connection with the delivered Products.

12.4 EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION 12, 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. THESE CONDITIONS STATE YOUR SOLE AND EXCLUSIVE REMEDIES.

13. CONSENTS, CUSTOMS DUTIES & EXPORT

13.1 Products licensed or sold to You under these Conditions may be subject to export control laws and regulations in the Territory or other relevant jurisdiction where You take delivery or use them. You shall be responsible for complying with those laws and will not do anything to breach them.

13.2 Items entering the European Economic Area (EEA) from outside over a certain value may be subject to customs charges (e.g. where costs are in excess of your personal import allowance). You may be subject to customs charges, import duties and taxes, levied when the Product reaches Your specified destination. Any such additional charges for customs clearance or import duties or taxes must be met by You, since We have no control over what these charges are. You should contact the local customs office in the relevant jurisdiction for further information on customs policies or duties.

14. NOTICES

14.1 Any notice or other communications in relation to Our contract may be given by sending the same by hand delivery, pre-paid post, fax or e-mail to the latest address and contact that one party has notified in writing to the other. This will also be the address for service of legal proceedings in the manner prescribed by law. Except as set out above in relation to cancellation of consumer orders, such notices or communications (where properly addressed) shall be considered received:

14.1.1 In relation to hand delivery, on the date of delivery at the relevant address (or, if this is not a working date, the first working date thereafter);

14.1.2 If posted, 5 working days after the date of posting;

14.1.4 If sent by email, 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 48 hours after transmission, provided that the sender has not received notification of unsuccessful transmission.

15. PERSONAL INFORMATION AND YOUR PRIVACY

15.1 We will observe applicable data protection laws and will not use information that does or can be used to personally identify You ("Personal Data") other than as set out in Our Privacy Policy ("Privacy Policy"). By submitting Your Personal Data in relation to Your order, You consent to such Personal Data being processed to fulfill Your order and in accordance with such Privacy Statement.

16. GENERAL

16.1 You acknowledge that these Conditions supersede and cancel all previous contracts, agreements and working arrangements whether oral or written, express or implied, between us. These Conditions prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted. To the fullest extent permitted under applicable law, We reserve the right to modify these Conditions without prior written notice to You with effect for the future, subject to Your right to reject, by way of written notice, our modifications to these Conditions with respect to any orders for which Acceptance, but not yet fulfillment, has occurred.

16.2 No relaxation, forbearance, delay or indulgence by either You or Us in enforcing any of these Conditions or the granting of time by either party to the other shall prejudice or restrict such rights and powers.

16.3 No waiver of any term or condition of these Conditions shall be effective unless made in writing and signed by Us. The waiver of any breach of any Condition shall not be construed as a waiver of any subsequent breach or condition. 16.6 If for any reason We determine or a court of competent jurisdiction finds that any provision or portion of these Conditions to be illegal, unenforceable, or invalid under applicable law in a particular jurisdiction:

16.4 These Conditions will not be affected in other jurisdictions to the extent that such determination or finding has no application; and

16.5 In the relevant jurisdiction, the remainder of these Conditions (to the fullest extent permitted by law) will continue in full force and effect.

17. GOVERNING LAW

17.1 This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec and federal laws of Canada applicable therein. The language of any dispute resolution procedure or any proceedings will be English.

Privacy Policy

Within the Privacy Policy, the operator of this Site, will be referred to as "Company", "we" or "us". We are committed to complete permission-based marketing, while safeguarding your privacy online. Please read our privacy policy ("Policy") to understand how your personal information will be treated as submitted on the Sitee. This Policy also applies to individuals who have agreed to receive email marketing from the Company through either opt-in or opt-out registration on another website. We collect information in several ways from different parts of the Site. From the visitors to our Site, we track domain, host, and/or Internet Protocol (IP) addresses. Some personally identifiable information is gathered when you submit an order for Products. At the time you place your order, we may ask for information such as your name, mailing address, email address, phone numbers and the like. We may also ask you for personally identifiable information at other times, including when you contact Customer Service. If you contact us, we may keep a record of that correspondence, as well. From time to time, the Company may ask visitors or Customers to complete surveys that could be used for research or other purposes.

Cookies

As part of operating the Site, the Company may use cookies to store and sometimes track information about you or visitors. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive. In addition, there may be use of pixel tags (also known as clear gifs) to track some of the pages you visit on our Site.

Generally, we use cookboies to:

(1) Remind us of who you are and to access your information to deliver to you a better and more personalized service. Cookies enable us to retain our users’ preferences on the Site without having to re-enter information every time they visit the SIte.

(2) Estimate our audience size. Each browser accessing the Site is given a unique cookie which is then used to determine the extent of repeat usage and to help us communicate with you or visitors. This information collected by cookies is sometimes called "clickstream" or "click trail" and may also describe which pages you have viewed.

(3) Measure certain traffic patterns, which areas of the Site you have visited, and your visiting patterns in aggregate. We use this research to understand how our visitors’ habits are similar or different from one another so that we can make each new experience on the Site a better one. We may use this information to better present the content seen by visitors on our Site.

Use of personal information

By completing any forms on our Site, or submitting an order, you grant the Company the right to use the collected information for marketing purposes including, but not limited to, sharing such information with third party advertisers ("Advertisers"), emailing, SMS Message, or physically mailing Company or any third party offers to your e-mail address or postal mailing address. We may also use such information for content improvement and feedback purposes. We may share the personal information that you supply to us and we may join together with other businesses to bring selected retail or service opportunities to our visitors and customer base. These businesses may include providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation. In addition, the Company reserves the right to release current or past user information in the event we believe that the Site is being or has been used to commit unlawful acts; if the information is subpoenaed; if the Company is sold or acquired; or generally when the Company deems it necessary or appropriate. By agreeing to this Policy, you hereby consent to disclosure of any record or communication to any third party when the Company, in its sole discretion, determines the disclosure to be appropriate. We may share Site usage information about our Site visitors who have received targeted promotional campaigns with Advertisers for the purpose of formatting future campaigns and upgrading visitor information used in reporting statistics. The Company also reserves the right to provide group data about our visitors and users for lawful purposes. Group data is data that describes the demographics, usage, or characteristics of our participants as a group, without revealing any personally identifiable information. By using the Site, you agree to allow us to provide such data to third parties.

Credit card information

To the extent that payment information in the form of credit card specific information is collected by the Site or by any of our affiliates and/or subsidiaries, said information will be kept in confidence and will not be shared with any third parties other than our e-commerce partners for purpose of processing your transaction (and consumer credit agencies) without your prior informed consent. Notwithstanding the foregoing, the Company and our affiliates and/or subsidiaries reserve the right to share with third parties the fact that they have such credit card specific information on file for specific users but they will not share credit card specific information with third parties without the user's prior informed consent.

Disclaimer

The Company does not endorse, nor is the Company responsible for the accuracy of or the Advertiser's compliance with the privacy policies and/or terms and conditions of each of the Advertisers websites. The entities that advertise on the Site, including, but not limited to Advertisers, are independent third parties and not affiliated with the Company.

Unpermitted use

No information should be submitted through the Site by visitors under 18 years of age. We encourage parents and guardians to spend time online with their children and to participate and monitor the activities of their children.

Acceptance of Policy

By accessing this Site and/or submitting any information to us, you agree to this Policy. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of this Policy at any time. All Policy changes will take effect immediately upon their posting on the Site. Therefore, you should review this page regularly to verify the Policy in effect at that time. Your continued use of the Site or acceptance of our emails following the posting of changes to this Policy is an express agreement to these changes. If you do not agree to the terms of this Policy, please do not submit any personal information on this Site.

Customer Service: 877-215-5470
support@nowketolite.com

 

 

 

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397A rue Sainte Catherine Ouest,
Montreal, Quebec,
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