Welcome
to DrElvia.com. The following is the standard
terms and conditions of use and purchase (hereinafter
“Standard Terms & Conditions”)
in connection with use of the DrElvia.com
website and the purchase of products offered
for sale therein.
By registering or placing orders with DrElvia.com,
you (hereinafter, “Customer”,
“You” or “Your”) accept
and agree to be bound by these Standard Terms
& Conditions. You and DrElvia.com further
accept and agree that in the event of a purchase
order entered by You on the DrElvia.com website,
the following shall constitute the exclusive
terms governing the sales contract between
Customer and DrElvia.com. These Standard Terms
& Conditions are subject to change by
DrElvia.com without prior written notice to
Customer. Any attempt to alter, supplement,
modify or amend these Standard Terms &
Conditions by the Customer will be considered
a material breach of such sales agreement
and, thus grounds for revocation by DrElvia.com.
Therefore, please check these Standard Terms
& Conditions carefully each time you place
an order with DrElvia.com.
Customers Are Advised To Consult
With A Licensed Physician Prior To Starting
The Use Of Any Medications, Including Prescription
Pharmaceuticals, Herbal Supplements, And
Other Natural Remedies.
Should
You have any questions regarding the appropriate
use or application of any product sold on
DrElvia.com, You should consult with a licensed
physician in Your area. The listing of products
on DrElvia.com is not intended, nor should
it be interpreted or suggested to imply
specific medical advice from Dr. Elvia Contreras
to any individual Customer; nor is it intended
to imply the fitness of any products sold
on the DrElvia.com website. Dr. Elvia Contreras
does, however, offer medical advice and
services in her offices located in Los Angeles,
California. If you wish to schedule an appointment
with Dr. Elvia Contreras, please see Contact
Us for instructions.
Your
Account
In
order to purchase products on the DrElvia.com
website, Customers are required to open an
account by registering with DrElvia.com. To
register, You must provide an email address
which operates as Your username, and a password
to access Your account. You responsible for
maintaining the confidentiality of your account
and password and for restricting access to
your computer, and you agree to accept responsibility
for all activities that occur under your account
or password. DrElvia.com does sell products
for children, but it sells them to adults,
who can purchase with a credit card. If you
are under 18, you may use DrElvia.com only
with involvement of a parent or guardian.
DrElvia.com reserves the right to refuse service,
terminate accounts, remove or edit content,
or cancel orders in its sole discretion.
Payment
We
gladly accept Visa, MasterCard, Money Orders/Cashier's
Check. Please note that we will only accept
credit cards issued by a bank or financial
institution within the U.S. with verifiable
references. All billing information is subject
to verification for safety and security purposes.
For added convenience, DrElvia.com also accepts
payment by money order and cashier's check.
For Money Order/Cashier's Check purchases,
DrElvia.com must receive full payment before
releasing the order for shipping. If full
payment is not received within 7 business
days from the original order date, DrElvia.com
will automatically cancel your order, unless
you contact DrElvia.com for further arrangements.
Billing
and Shipping Information
Accurate
billing and shipping information provided
by you will ensure prompt delivery of your
online orders. Both billing and shipping information
need to match with your credit card issuing
bank's record. A $10.00 fee will be applied
should customers initiate any change of shipping
information after products have been shipped
for the Change of Destination charges that
the carrier demands.
Pricing,
Specifications & Availability
Prices,
specification and availability of products
are subject to change without notice. All
products sold on DrElvia.com are non-prescription/over-the-counter.
The product descriptions reflect statements
from the product manufacturers and may not
have been reviewed or approved of by the United
States Food & Drug Administration. Any
typographical, photographic or specification
error in product, pricing, or offers is subject
to correction. Although Internet online processing
generates an automatic confirmation and response
via email, DrElvia.com may make changes on
pricing, product description, and/or specification,
after the confirmation and prior to product
shipment. Such changes are intended to cope
with situations including, but not limited
to, corrections to errors, changing market
conditions, discontinuation and/or unavailability
of products. In the event that DrElvia.com
does make any such changes, Your sole remedy
is to return the affected product(s) in unused
condition within seven days of receipt. DrElvia.com
reserves the right to limit and prohibit any
sale at its discretion. Proof of purchase
and postage may be required for any rebate
program.
Product
Descriptions
DrElvia.com
attempts to be as accurate with its product
descriptions. However, DrElvia.com does not
warrant that product descriptions or other
content of this site is accurate, complete,
reliable, current, or error-free. If a product
purchased from DrElvia.com is not as described
on the website, your sole remedy is to return
it in unused condition for exchange, credit
or a refund. See the section below on Return
Policies for more information.
Product
descriptions on the DrElvia.com website contain
statements of nutritional support which have
not been evaluated by the Food & Drug
Administration. The products sold on the DrElvia.com
website are not intended to diagnose, treat,
cure or prevent any disease.
Export
To
comply with certain vendor agreements and
government regulations, DrElvia.com reserves
the right to refuse to export products from
the United States at any time. Customers shall
be solely responsible for the preparation
of necessary export documentation. Manufacturer's
warranties for exported products may vary
or be null and void.
Purchase
Price
The
listed prices on DrElvia.com do not include
sales, use, excise, value-add or other similar
applicable taxes. Customer agrees to be solely
responsible for paying the total purchase
price plus applicable shipping, handling,
and any sales, use, excise or other similar
taxes resulting from the purchase of products
on the DrElvia.com website. DrElvia.com will
collect state and local sales tax on the sale
of all taxable items sold on the website to
customers with a billing address in California,
and will remit such funds to the appropriate
entities on the customer's behalf.
Order
Acceptance Policy
The
prices listed on the DrElvia.com website constitute
an invitation to offer only. Customer's order
shall constitute an offer for purchase. An
online receipt or other form of order confirmation
does not signify our acceptance of your order.
DrElvia.com reserves the right at any time
to accept or reject your order for any reason
at its sole discretion. All orders placed
must obtain pre-approval with an acceptable
method of payment. DrElvia.com may require
additional verifications or information before
accepting any order. DrElvia.com shall be
deemed to have accepted an order only upon
the transfer by DrElvia.com of any product(s)
ordered by You to the carrier of Your selection
for shipment.
Order
Processing Time
DrElvia.com
attempts to expedite all orders for processing
and shipping. Orders are processed on Mondays,
Tuesday, Thursdays and Fridays, excluding
holidays. Orders are not processed on Wednesdays,
weekends or holidays. Orders will usually
be shipped within 1 to 2 days following processing
and receipt of payment. DrElvia.com does not
guarantee all orders will be shipped according
to the usual process due to back orders, out
of stock and/or credit card verification.
DrElvia.com will endeavor to keep Customer
advised of any anticipated or known delays.
Please keep in mind that for orders being
sent to an address other than the billing
address, verification of the alternate address
will need to be confirmed prior to the release
of the order. This may cause delays in order
processing time.
Warranties
Products
are only guaranteed to be the original packaging
and free from tampering. In the event a
product is found to be not in original packaging
or suffering from apparent tampering, it
may be deemed defective. Customer’s
sole remedy to receipt of a defective product
shall be returning the product for replacement
within 7 days from the date of Customer’s
receipt. DrElvia.com shall ship the replacement
within 3 working days following its receipt
of the defective original product(s); provided
however, in the event a suitable replacement
is not available, DrElvia.com shall, at
Customer’s election, either refund
Customer’s purchase price, including
taxes, or place the item on backorder.
DRELVIA.COM
MAKES NO OTHER WARRANTIES, EXPRESSED OR
IMPLIED, INCLUDING ANY WARRANTY
OF FITNESS FOR A PARTICULAR PURPOSE OR OF
MERCHANTABILITY. IN NO EVENT SHALL DRELVIA.COM
BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUESTIAL
DAMAGES SUCH AS LOSS OF PROFIT OR BUSINESS
OPPORTUNITIES, AND IN NO EVENT SHALL DRELVIA.COM'S
LIABILITY, IF ANY, EXCEED THE PURCHASE PRICE
OF THE PRODUCT(S).
CUSTOMER,
AS OPPOSED TO DR.ELVIA.COM ET AL, SHALL
BE RESPONSIBLE FOR ENSURING ANY PRODUCT
PURCHASED BY CUSTOMER ON DRELVIA.COM: (1)
IS CONSUMED OR APPLIED ONLY AFTER THE USER’S
CONSULTATION WITH A LICENSED PHYSICIAN;
(2) IS USED ONLY FOR ITS INTENTED PURPOSE
AND AS INSTRUCTED; (3) MAY BE SAFELY USED
FOR ITS INTENDED PURPOSE GIVEN THE PERSONAL
PHYSICAL CONDITION OF THE USER; AND (4)
WILL NOT, TO ANY DEGREE OF FORESEEABILITY,
ADVERSELY INTERACT WITH ANY OTHER MEDICATION
OR PRODUCT BEING CONSUMED BY OR APPLIED
TO THE USER. OTHER THAN AS EXPRESSLY STATED,
PRODUCTS SOLD ON DRELVIA.COM ARE NOT INTENDED
FOR USE BY CHILDREN.
Inspection
You
as the buyer are liable for inspection of
the product(s) upon delivery. You will need
to notify DrElvia.com of any discrepancies
in the order or defects in the product(s)
as delivered within seventy-two (72) hours
of delivery. Without such notification, it
will be deemed that you have accepted the
product(s) as delivered.
DrElvia.com
will not accept any returned product(s)
unless accompanied by a Return Merchandise
Authorization (hereinafter “RMA”)
number issued by DrElvia.com. Customer is
responsible for the freight charges for
sending any items back to Dr. Elvia for
replacement. Requests for returns must be
received by DrElvia.com within thirty (30)
days from the date of order.
DrElvia.com
does not accept returns of any products
not purchased through DrElvia.com.
All
returns must be in resalable condition:
in the original packaging, unopened, with
all anti-tampering features intact (except
for items deemed defective pursuant to the
above-stated Warranty). Returns for non-defective
products will not be accepted once the original
packaging box is opened. 15% restocking
fee will apply to return of products for
credit/refund, other than for order discrepancies
or defects. Shipping, handling, insurance,
labor, service/finance charges are not refundable.
Return
Merchandise Procedure
All
products returned must be identified with
a RMA number issued by Customer Service representative
at DrElvia.com. Products returned to DrElvia.com
without a RMA number will be considered as
Unauthorized return. DrElvia.com may choose,
at its discretion, to refuse to accept the
unauthorized returns. You will be held liable
for any charges associated with sending any
unauthorized returned product(s) back to you.
DrElvia.com is not responsible for any loss
or damage of unauthorized return products.
To
return a product to DrElvia.com for exchange/credit/refund:
Request
a Return Merchandise Authorization (RMA)
number online using our RMA
Request form.
Fill
out the RMA Request form completely and
submit it online.
A
RMA number will be issued to You via email
within 3 business days, and shall be valid
for 15 days from issuance. That RMA number
will be void if the authorized returned
product is not received by DrElvia.com
within 15 days from the RMA issuing date.
Ship
the returned product to DrElvia.com using
the following instructions.
Return
Merchandise Shipping Instructions:
Freight
must be prepaid and insured by customer.
Valid
RMA number must be clearly marked on shipping
label or outside of packing box.
Original
packaging with product will need to be
returned, unless otherwise instructed
by an DrElvia.com RMA representative.
Please do not write on original packaging.
If
Customer does not comply with the above
listed requirements, Customer may be subject
to a service charge and possible delay of
RMA processing.
Title,
Risk of Loss and Damage
Unless
otherwise specified in writing in this document,
the shipping terms is FOB shipping point.
This means that title and risk of loss and
damage to the product(s) shall pass from
DrElvia.com to Customer upon DrElvia.com's
delivery of the boxed product(s) to the
carrier at our shipping point.
You
need to notify DrElvia.com upon receipt
of the goods for any claims resulting from
goods damaged, tampered, and/or loss in
transit. DrElvia.com will file a shipping
claim with the carrier.
Payment
DrElvia.com
packages all products with extreme care.
Any product damaged in transit as a result
of improper handling by carrier must be
reported within 48 hours from the time of
receipt per following guidelines:
If
you notice any physical damage of products
and packaging box upon product arrival,
notify carrier to preserve any claim right
against the carrier.
You
must also notify DrElvia.com within 48
hours from the time of receipt for any
claims resulting from goods damaged, tampered,
and/or loss in transit.
DrElvia.com
will file a shipping claim with the carrier
on your behalf.
In
cases of physical damage by the carrier,
you need to keep the merchandise in the
original packing materials. DrElvia.com
will instruct you on the necessary procedures
to follow.
DrElvia.com
will send a replacement after the claim
has been settled. Replacement will be sent
via Ground Service, unless otherwise requested,
in which case you will be liable for any
added charged resulting form upgrading the
shipping method.
Unauthorized
Returns & Refused Shipments
Customer
will be held liable for any charges associated
with sending any unauthorized returned product(s)
back to Customer.
If
Customer wrongfully refuses to accept the
product(s), or return product(s) without
legal excuse or authorization, Customer
will be held liable, as liquidated damages
and in lieu of the enforcement of this contract,
a sum equal to 15% of the sales price, plus
any shipping and handling charges incurred.
DrElvia.com may choose, at its discretion,
to refuse to accept the unauthorized returns.
DrElvia.com
is not responsible for any loss or damage
for unauthorized refused/return products.
Canceling
Orders
Customer
may request a cancellation of his or her order,
provided the order has not been shipped. If
Customer's account has already been charged,
Customer will receive a credit back to his
or her account within approximately 3-5 business
days.
Back
Orders
In
the event a product (or products) in Customer’s
order is not in stock, DrElvia.com will notify
Customer by email with the ETA (Estimated
Time of Arrival) of the product(s). Customer’s
order will be shipped within 1-2 business
days after we receive the stock. DrElvia.com
will email Customer to recommend an alternate
choice if for some reason the initial product
selected is no longer available or discontinued.
Order
Status
DrElvia.com
will do everything possible to keep Customer
informed of his or her order via e-mail. Your
tracking number will be emailed to You once
the item is shipped. You may also check online
status page for live updates.
Shipping
Service
Due
to the limitations on service offered by our
carrier, UPS, DrElvia.com does not ship to
P.O. Box addresses. DrElvia.com reserves the
right to ship orders from other locations
besides our main warehouse. With this in mind,
we do not guarantee that your order will arrive
before the normal scheduled time that you
choose for your shipping method. Please note
that we only ship on weekdays. For HI, AK,
and PR customers, DrElvia.com can only ship
via 2nd day or overnight and shipping time
will not be guaranteed.
Jurisdiction
and Venue
Customer
agrees that any legal action brought against
DrElvia.com shall be governed by the laws
of the State of California without regard
to its conflict of law principles. Customer
further agrees that the sole jurisdiction
and venue for any litigation arising from
Customer's use of or orders made on the DrElvia.com
website shall be an appropriate federal or
state court located in Los Angeles County,
California.
Miscellaneous
DrElvia.com
Inc. may revise these terms and conditions
at any time by updating the DrElvia.com website.
By using this site, you agree to be bound
by the terms hereof and by any such revisions.
This document sets forth the entire and final
understanding between You as the buyer and
DrElvia.com as the seller, pertaining to the
subject matter hereof and supersedes all prior
agreements, whether oral or written, and shall
not be amended except by a written agreement
signed by both parties. DrElvia.com employees
or affiliates have no authority to make representations,
warranties or promises that are not contained
in this document. The failure of DrElvia.com
to enforce at any time or for any period of
time the terms of this document shall not
be construed as a waiver of such terms or
the right to enforce each term contained herein,
thereafter.
If any term contained in this document is
held invalid by a court of competent jurisdiction,
such holding shall not affect the validity
of any other term. This document and all questions
of interpretation, performance, enforcement
and the rights and remedies of the parties
hereunder shall be determined in accordance
with the laws of the State of California,
USA. Any legal action or proceeding arising
from or related to this document or the transaction
described herein shall be brought and maintained
in state court in Los Angeles County, California
or in the Federal District Court for the Central
District of California, and the parties consent
to the exclusive jurisdiction of these courts.
No action, regardless of form, arising out
of or related to the transaction described
in this document may be brought by either
party more than one year after the cause of
action arises, or in the case of non-payment,
more than two years after the date of this
document.
Date
of Document
The
foregoing Standard Terms & Conditions
are current as of 02/01/2005, and are subject
to change by DrElvia.com at any time without
further notice.
