GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE PHEN.COM WEBSITE (USA –October 2012)
The purchase of any products offered on Phen.com website is subject to these Terms and Conditions ("Terms and Conditions of Sale").
Orders may only be placed on the Phen.com website by individual consumers other than for resale. Any resale or distribution of Phen.com products purchased on Phen.com website is strictly prohibited.
Phen.com may update these Terms and Conditions of Sale at any time without prior notice. You can view the most current version of the Terms and Conditions of Sale at any time by clicking on the hyperlink labeled "Terms and Conditions of Sale".
For each order on Phen.com website, your acceptance of the Terms and Conditions of Sale in force at the date of the order will be requested.
Purchase - Terms of ordering
The Phen.com website may be used to order Phen Caps or 5 Star CLA directly online via the Internet.
An order can be placed for one delivery address only.
For each product selected on the Phen.com website, a summary page will be displayed featuring the quantity selected, its unit price and the total amount owed for your order. You should check that this information accurately reflects your selection before confirming your order. Upon confirmation, your order will be submitted to Phen.com for processing. Orders cannot be canceled once they have submitted for processing in the warehouse, which typically takes about 1-2 hours from order placement. If you place an order outside of business hours, we will not be able to act on any cancellation request until the next morning, at which point most orders have already processed.
Phen.com reserves the right not to accept or to cancel your order in our sole discretion for any reason without liability if, among other things, the products are not available, are incorrectly priced or are otherwise incorrectly described. Accordingly, Phen.com shall not be liable for any error or inaccuracy in the photographs or graphical representations of Phen.com products displayed on the Phen.com website. If you have any questions about the products, you may contact our customer service by clicking on the hyperlink labeled "contact us".
Phen.com reserves the right to cancel any order placed by a customer with whom it has a dispute concerning a prior order, or if Phen.com has reasonable cause to suspect that such customer has violated these Terms and Conditions of Sale, or is engaged in any fraudulent activity or for any other legitimate cause.
Phen.com does not use recurring charges: each transaction is unique and concerns solely the products and quantities mentioned on the order. Your credit card details are not detained by Phen.com and your credit card will not be charged recurringly. Should you wish to re-order products on the phen.com website, please place another order.
Purchase - Availability
Our offers of products are valid as they are displayed on the Phen.com website, subject to availability. Instructions about the availability of products are provided at the time of the ordering. At times, errors may exist, especially in case of simultaneous orders of the same product by several customers. In the case of unavailability of a product after ordering, you will be informed by email or by phone as soon as possible, and it will be proposed to you either to order another item shown on the Phen.com website in substitution or to cancel your order.
Phen.com shall not be liable in case of stock outage or unavailability of products.
Phen.com reserves the right to change at any time and without notice the items proposed on the Phen.com website.
Purchase - Order Confirmation
At the end of the ordering procedure, you are invited to click on the "Place Order" button, at which time your order will be transmitted to Phen.com for processing and may not be amended or cancelled except pursuant to the conditions provided for herein the Terms and Conditions of Sale or in conditions provided for pursuant to applicable law. The confirmation of your order means your acceptance of the Terms and Conditions of Sale.
You will receive an order summary.
The data registered by the Phen.com website establish the terms of the transactions between Phen.com and its customers. In the case of a dispute between Phen.com and its customers relating to a transaction entered into using the Phen.com website, the data registered by Phen.com are the terms of the transaction. Notwithstanding, Phen.com reserves the right not to accept or to cancel your order if the products are not available are incorrectly priced or are otherwise incorrectly described.
Purchase - Price Payment
The prices of Phen.com products are indicated in US dollars, excluding taxes and shipping costs (see "Shipping and Delivery").
Phen.com reserves the right to modify the prices of products offered on the Phen.com website at any time without prior notice. You will be charged the prices displayed on the Phen.com website at the time your order was confirmed provided the goods ordered were available at this time, however, Phen.com reserves the right not to accept or to cancel your order if the products are not available, are incorrectly priced or are otherwise incorrectly described.
All promotional offers and discounts are subject to availability, can be changed or withdrawn without notice and will be available for a limited period only. Offers and promotions cannot be combined with other offers unless specified.
You are required to pay for any order placed on the Phen.com website immediately upon confirmation of your order. We only accept payment by credit card, debit card or pre-paid card, or alternatively you can pay via Amazon Payments.
All orders are payable in US dollars. We accept the following charge cards and credit cards: MasterCard®, Visa®, American Express® and Discover®. Your order will only be dispatched once we have verified your payment method and received authorization to process your payment.
Your charge card or credit card will only be debited when your order is placed.
Purchase - Reservation of title
The ordered products remain the property of Phen.com until full payment is tendered to Phen.com
In case of a payment dispute, you undertake to return the received products to Phen.com immediately upon request, and to assume the risks (in particular the loss, theft or damage) relating to the delivered products.
Shipping and Delivery - Delivery Zone
Goods may be shipped worldwide. However, free shipping options only apply to goods shipped within the United States of America.
Additional customs taxes may be required for countries other than the United States. They are independent of phen.com. Please check with your local customs authorities for more details.
Goods will be shipped to the delivery address specified during the ordering procedure.
Shipping and Delivery - Shipping costs
You will be asked to select the shipment method you would prefer as part of the order procedure.
Delivery costs depend on the value of your order and the delivery service you select.
We always try to minimize shipping costs. You will be offered several shipping options, which will depend on your zip code and the weight of your order. The price will be calculated automatically when you enter your address but you may also check your options when selecting your product.
Shipping options are typically:
Ground: allow between three and seven working days between the date of your order and your date of delivery.
2-Day: your order must reach us before 4.30 p.m. (Eastern Time). It will be delivered within two working days.
Overnight: your order must reach us before 4.30 p.m. (Eastern Time). It will be delivered the following working day. This option is not available for addresses in Hawaii and Alaska.
International shipping: the delivery time depends on the country your order is shipped to.
We will inform you of the shipping costs for the shipment method you select in the order summary displayed on the Phen.com website before you confirm your order. This amount will be payable by you in addition to the price, including taxes, of the goods ordered.
In the case of international deliveries, custom taxes may apply in certain countries: they are to be paid upon reception by the purchaser of the product.
Delivery Time - Problems of delivery
Phen.com cannot be held responsible for misdeliveries or lost items once the products have been shipped and proof of shipment has been given by the chosen postal service.
Any failure to deliver or late delivery exceeding eight (8) business days should be reported to our customer service as soon as possible. In order for your claim to be accepted, please notify us within thirty (30) calendar days from the date of confirmation of your order.
You should check that your shipment is correct on delivery. If there are any discrepancies in your order when the products are delivered to you, you should note the nature of the potential discrepancy (e.g., open package, damaged goods, etc.) by hand, if possible, on the delivery notice, and sign.
If the goods do not conform to your order or you are not satisfied with them, you may return them, exchange them or request a refund according to the terms and conditions contained in the section entitled "Returns - Exchanges - Refunds"
Returns - Exchanges – Refunds
Rely on the Phen.com 100% Satisfaction Guarantee
We guarantee that you will be pleased with Phen supplements. If you are not 100% satisfied with Phen supplements, for whatever reason, simply send your order back within thirty (30) days of purchase for a full refund!
The guarantee is valid for all returned items, including one opened and all unopened items. You have nothing to lose... only excess pounds!
The product shipment date is the date of purchase. You will receive a full refund for one open and all unopened items. We can only issue refunds for items physically returned to our warehouse.
Our shipping facility is a 3rd party fulfillment center that has hundreds of clients. The only way to assure your return package is credited to your account is to follow the correct return policies and to use our return products system.
To return a product for a refund you will need to obtain a Return Merchandise Authorization (RMA) number by contacting our customer service department using the contact us form.
Customer service reserves the right to determine if a client may return a product for a refund, this is typically only allowed when support feels it’s a fraudulent order or misrepresentation has occurred.
To ensure a refund is processed for you, please send returns to the address provided by our customer service department along with your RMA number. Simply print the labels you will receive by email, put them on your package and send it back. Our customer service department is NOT allowed to accept any packages without an RMA number.
We are not responsible for lost or stolen items. We recommend all returned items to be sent using some type of delivery confirmation system to ensure proper delivery. Any returned item sent to Phen.com, that cannot be confirmed by some type of delivery confirmation system may not be eligible for a refund.
Security and Personal Data
The Phen.com website is not intended for minor children.
Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against Careworld, LLC, which operated Phen.com, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "Careworld, LLC.") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Phen.com's advertising, any related purchase, including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and Phen.com, Inc. The arbitration shall be held in Miami County, Florida at the office of Careworld, LLC., by telephone, or online. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the NAF or at P.O. Box 50191, Minneapolis, MN 55405.
Law - Disputes
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the state of Florida, without regard to principles of conflicts of laws.