Our Policies & Regulations
Legal Notice
All notices from Vita Fruere to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to Vita Fruere shall be made either by regular mail, sent to the address we provide on our Web site, or first class mail to our address at:
Delivery shall be deemed to have been made by You to Vita Fruere five (5) days after the date sent.
Copyright Notice
All content appearing on this Web site is the property of Vita Fruere.
Copyright © 2024 Vita Fruere. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2024 Vita Fruere. All rights reserved.
Trademarks
All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Vita Fruere. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Vita Fruere or any third party, except as expressly granted herein.
Terms of Use
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Vita Fruere and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Vita Fruere believes that customer conduct violates applicable law or is harmful to the interests of Vita Fruere and its subsidiaries.
Privacy Policy
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Vita Fruere and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Vita Fruere believes that customer conduct violates applicable law or is harmful to the interests of Vita Fruere and its subsidiaries.
Shipping and Delivery
At this time, Vita Fruere ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, Vita Fruere ships merchandise to Canada and Mexico, but not to other international locations. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.
International
Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.
Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. Vita Fruere is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
Sales Tax
Vita Fruere charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.
Warranties
The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. Vita Fruere makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or it’s Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements.
Vita Fruere SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL Vita Fruere BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-- OR Depending on State --
The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by Vita Fruere.
The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. Vita Fruere is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.
The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not Vita Fruere.
The inclusion of material on this server does not imply any endorsement by Vita Fruere, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.
A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although Vita Fruere tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.
Return Policy
You may purchase merchandise from this Web site by using any one of the payment options listed in (link to Payment Options). Vita Fruere reserves the right to change its payment procedures at any time without prior notice to you.
Miscellaneous
VOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Vita Fruere and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of Vita Fruere shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and Vita Fruere with respect to this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Vita Fruere with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Vita Fruere. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
Privacy Policy
WE ARE COMMITTED TO PROTECTING INDIVIDUAL PRIVACY AND SECURING THE PERSONAL INFORMATION MADE AVAILABLE TO US WHEN YOU VISIT WWW.VITAFRUERE.COM (THE "WEBSITE"). THIS PRIVACY POLICY DESCRIBES OUR PRACTICES IN CONNECTION WITH PERSONAL INFORMATION WE COLLECT THROUGH THE WEBSITE, HOW WE USE AND PROTECT THAT PERSONAL INFORMATION AS WELL AS YOUR RIGHTS IN RELATION TO THIS INFORMATION. PERSONAL INFORMATION IS INFORMATION OR A COMBINATION OF PIECES OF INFORMATION THAT COULD REASONABLY ALLOW YOU TO BE IDENTIFIED (“PERSONAL INFORMATION”) PLEASE READ THIS POLICY BEFORE VISITING THE WEBSITE OR BEFORE PROVIDING ANY PERSONAL INFORMATION TO US. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD IMMEDIATELY DISCONTINUE ANY USE OF THIS WEBSITE. BY USING THE WEBSITE AND PROVIDING US WITH PERSONAL INFORMATION, YOU ACKNOWLEDGE THAT WE MAY COLLECT, USE AND DISCLOSE YOUR INFORMATION, INCLUDING YOUR PERSONAL INFORMATION IN THE WAY DESCRIBED IN THIS PRIVACY POLICY. ALSO NOTE THAT THIS PRIVACY POLICY AND TERMS AND CONDITIONS MAY CHANGE FROM TIME TO TIME AND IT IS YOUR RESPONSIBILITY TO CHECK FOR SUCH UPDATES. THE LAST REVISION DATE FOR THIS PRIVACY POLICY AND TERMS AND CONDITIONS IS SET FORTH BELOW.
1. This Website is owned and operated by VITA FRUERE (hereinafter the "Site Owner" or "we", or "us"). Your use of this Website is subject to the following terms and all applicable laws.
2. No Collection of Personal Information for Browsing Purposes. Unless otherwise specified in this Policy, the Site Owner does not collect Personal Information about you unless specifically and knowingly provided by you, either by ordering products or through downloads or subscriptions to a specific online service, including subscription to promotional emails.
3. Purpose of Collection of Personal Information. We collect Personal Information from you when you voluntarily provide it to us. It can be in connection with your purchases on the Website, your subscription to emails and newsletters, your reviews of our products, your participation to contests and any other type of activities for which you would need to provide your information. The provision of your Personal Information is voluntary; we do not collect Personal Information when you visit the Website, unless specified in this Policy. You can choose not to provide certain information, but then you might not be able to take advantage of certain of our products or services.
4. Collection and Use of Information. The Site Owner obtains its information about you directly from you. Depending on the type of product or service requested, the Site Owner may require information such as your name, birthday, gender, address, shipping address, email address, telephone number, or credit card number and other additional Personal Information. Personal Information will be collected only for the purpose of fulfilling the specific request for information or for products or services requested at the time the information is collected unless you specifically consent, at the time, to another use of your personal information.
We may use your Personal Information in order to: (1) process your orders; (2) contact you to confirm your order, including sending you emails to acknowledge your order and confirm your order status and shipment or if there is a difficulty in completing or shipping your order; (3) respond to your requests (4) administer contests and other promotions in which you participate (5) improve your customer experience (6) enforce this Privacy Policy or the Website Terms of Use, and where you have specifically consented or requested us to do so (7) to send you newsletters (8) to send you promotional emails and (9) to inform you of new products, services and offers.
In addition, we collect other information that is not Personal Information, including IP addresses, aggregate user data, site usage information, and browser type to help diagnose problems with our server, manage and improve this Website, track usage, and for security and monitoring purposes. This information aids us in merchandizing and improving the design and layout of this Website. This non-personal information does not identify you personally.
We do not retrieve any information from your personal computer and will not disclose any of your personally identifiable information except when the Site Owner has your express consent or under special circumstances, such as when the Site Owner believes in good faith that the law requires it to do so.
5. The Legal Basis on Which We Use Your Personal Information. We must have a legal basis to process your Personal Information. In some cases this may be to fulfill our contractual obligations to you, for example to process your orders, or contact you with order information.
We may also process your Personal Information to meet our legitimate interests, for example, to understand how you use our services and to derive knowledge from that to enable us to develop new services and to improve your customer experience. When we process Personal Information to meet our legitimate interests, we put in place robust safeguards to ensure that your privacy is protected and to ensure that our legitimate interests are not overridden by your interests or fundamental rights and freedoms.
We may obtain your consent to collect and use certain types of Personal Information when we are required to do so by law (for example, in relation to the use of cookies and tracking technologies). If we ask for your consent to process your Personal Information, you may withdraw your consent at any time by contacting us using the details at the end of this Privacy Policy.
We may also process your personal information to comply with our legal obligations, for example, to comply with applicable tax/revenue laws, resolve disputes or enforce our agreements.
6. Sharing and Use of Information Except as Disclosed in this Privacy Policy. We do not share or sell your Personal Information. We may share your information, including your Personal Information, with companies that are affiliated with us (e.g. companies operating in the fields of data analytics, digital marketing and consumer experience), in order to help us to manage and maintain the Website or to deliver the products, services or information you request. We may share your information, including your Personal Information, for many reasons, including without limitation, facilitating some aspects of our Site, sending email, fulfilling purchase requests, delivering orders, processing credit cards and payment information, verification, fraud prevention, credit card authorization, serving, customizing or delivering marketing material, and auditing. These companies may be supplied with or have access to your Personal Information and non-Personal Information solely for the purpose of providing these services to us or on our behalf. We have agreements with these companies that prevent them from using your Personal Information for any purpose other than what we require them to do with it. The companies that we use to perform services are located in the United States. These companies may process and store your Personal Information in the United States. In the event that your Personal Information is processed or stored in the United States, the United States government, courts, and law enforcement and regulatory agencies may be able to obtain your Personal Information through the laws of the United States without prior notice or consent. We may disclose your personal information in special circumstances where we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who we believe is in violation of our rights. We may also disclose the information for administrative and other purposes that it deems necessary to maintain, service, and improve our products and services or in the event that all or substantially all of our assets are acquired by a third party. Additionally, there may be instances when we may disclose Personal Information without prior notice or consent in order to (1) protect the legal rights of VITA FRUERE, its employees, agents and contractors; (2) to protect the safety and security of visitors to our site; (3) to protect against fraud or for risk management purposes; or (4) to comply with the laws or legal processes of the United States or (5) in the event that all or substantially all of Site Owner’s assets are acquired by a third party. Because the Website links to social media sites, and from time to time may include third-party advertisements, other parties may collect your personally identifiable information about your online activities over time and across different websites when you visit this Website. If you would like additional information about online tracking and various opt-out mechanisms, please see http://donottrack.us/.
7. Information Retention. We will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your VITA FRUERE member account), as described in this policy, or as needed to provide services to you. If you no longer want the Site Owner to use your information to provide services to you, you may close your account. Site Owner will retain and use your information to the extent necessary to comply with legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. We also retain log files that are only used in the event an order is abruptly ended. These log files are generally retained for a brief period of time, except in cases where we are legally obliged to retain them for longer periods.
9. Your Rights over Your Personal Information. You have certain rights regarding your personal information, subject to local law.
These include the right to access your Personal Information, rectify the information we hold about you, erase your personal information, restrict our use of your personal information, object to our use of your personal information, receive your information in a useable electronic format and transmit it to a third party (right to data portability) and lodge a complaint with your local data protection authority. If you would like to discuss or exercise such rights please contact us at [email protected]
We encourage you to contact us to update or correct your Personal Information if it changes or if the Personal Information we hold about you is inaccurate.
We will contact you if we need additional information from you in order to honor your requests.
10. Security and Risks Related to Internet. This Website has security measures in place to help protect the loss, misuse and alteration of the information under the Site Owner’s control. This Website uses no encryption (data scrambling) on certain portions of this Website, but uses encryption on portions where you are transmitting financial information, such as credit card information. When you are on any website that asks you for confidential information, you should check to see if the information being transmitted is encrypted in order to increase the security of your information. Although every effort is made to ensure no one else will view, seize or obtain your Personal Information, complete confidentiality and security is not yet possible over the Internet. Any unencrypted email communication over the Internet is not secure or confidential, and is subject to possible interception, loss and alteration. The Site Owner, its agents, administrators, employees and affiliates may not be held liable for any damages you or anyone else may suffer or incur as a result of the transmission of confidential or sensitive information over the Internet, and all such communications will be made at your own risk.
11. Monitoring. The Site Owner may, from time to time, monitor access to, use of and other activities relating to this Website for the purposes of maintenance of this Website, reviewing proper and legal use of this Website and security-related issues. The Site Owner may intervene in relation thereto but does not make any representation or warranty that it will do so. You hereby consent to any such monitoring and intervention.
12. Hyperlinks to Other Sites. This Website may contain hyperlinks to other sites. The Site Owner is not responsible for the privacy practices or the content of such websites and any information that you provide to such other websites shall be subject to the privacy policies of the owners of such other websites.
13. Use of Personal Information by Employees of the Site Owner Certain employees of the Site Owner or of its affiliates will be provided with information about you in order to provide services or information that you have requested regarding specific products or services. These employees are instructed to use strict standards of care in handling your personal and confidential information.
14. YOU HEREBY EXPRESSLY CONSENT TO THE DISCLOSURE BY THE SITE OWNER OF YOUR PERSONAL INFORMATION TRANSMITTED THROUGH THIS WEBSITE TO THE SITE OWNER’S EMPLOYEES AND TO THE SITE OWNER’S AFFILIATES' EMPLOYEES IN ORDER TO ALLOW THEM TO PROVIDE YOU WITH THE PRODUCTS AND SERVICES THAT YOU MAY REQUEST. YOU HAVE THE RIGHT TO WITHDRAW YOUR CONSENT AT ANY TIME.
15. Information about Products and Services. The Site Owner may occasionally send you e-mail messages about products and services where you have specifically consented to receive such information. If you do not wish to receive such mailings, you may do so by cancelling your subscription to such email messages by contacting the Site Owner at [email protected]
16. Children’s Policy. We do not knowingly collect Personal Information from children under the age of 13. Please do not allow children under the age of 13 to provide any Personal Information through this Website. If we learn that a child under the age of 13 has provided Personal Information in violation of our Privacy Policy, we will delete that information as soon as practical. If you learn that a child under the age of 13 has provided Personal Information to us, please send us an email at [email protected] so we can delete this information.
17. Severability. If any provision hereof is held illegal, invalid or unenforceable by any competent authority in any jurisdiction, such illegality, invalidity or unenforceability shall not in any manner affect or render illegal, invalid or unenforceable such provision in any other jurisdiction or any other provision hereof in any jurisdiction.
18. Modification of this Privacy Policy. We may modify, alter or otherwise update the Privacy Policy applicable to this Website, in our sole discretion, from time to time, by updating this posting. The date of the last modification will appear at the top hereof. We will provide additional notice in advance (e.g., a disclaimer on our website or an email to subscribers) if material changes are being made, specifically if we make significant changes to how we handle Personal Information. You should review this Privacy Policy each time you access and use this Website. Your access and use of this Website constitutes irrefutable evidence of your consent to be bound by these terms and conditions.
19. Governing Law. This Privacy Policy shall be governed by the laws of the State of New Jersey applicable thereto without reference to principles of conflict of laws. You agree to be bound by such laws.
Any dispute, controversy or claim arising out of or in connection with these terms or the use of this Website, including any matters regarding the validity or application of the terms of use, is subject to the exclusive jurisdiction of any state or federal court located in the State of New Jersey, United States of America.
20. Jurisdiction. New Jersey, United States of America.
22. Contact Information. All complaints and requests for access to, or modification or destruction of personal information may be made to Site Owner who can be reached by Email : [email protected]
We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, you have the right to make a complaint to the data protection authority of the USA.
WEBSITE TERMS OF USE
Use of the Website. The website www.vitafruere.com, applications and tools, including, without limitation content and materials, (all of the foregoing collectively, the “Website”), are provided by and operated on behalf of VITA FRUERE (“Site Owner”) in conjunction with third parties. Your use of the Website is subject to these Website Terms of Use (the “Terms”) as well as all applicable laws.
YOUR ACCESS OR USE OF THE WEBSITE INDICATES YOUR (I) ACCEPTANCE OF THE TERMS, AND (II) ACKNOWLEDGEMENT THAT THE INFORMATION YOU PROVIDE EITHER DIRECTLY OR INDIRECTLY THROUGH THE WEBSITE WILL BE MANAGED IN ACCORDANCE WITH THE PRIVACY POLICY LOCATED AT www.vitafruere.com/privacy-policy (the “Privacy Policy). Each time you access or use the Website, you accept these Terms and any additional terms that will apply to you. If you do not agree with the Terms, do not use the Website.
Personal Information. The Privacy Policy governs the collection, use, and disclosure of personal information gathered on or through the Website, including, but not limited to, the personal information you provide while establishing an account, purchasing products and accessing and using the Website. This Policy can be found at: www.vitafruere.com/privacy-policy
The Website is considered a general audience site and is not intended to be used by children to browse or purchase products. If you are under 18, you may use the Website only with the involvement of a parent or legal guardian.
You must ensure that your access to the Website is legal in each jurisdiction in or through which you access, view or otherwise use the Website.
1. Definitions. The following terms have the definitions set forth below: “Material” means all text, graphical, audio, video, software, information, data, and other content available, displayed, or accessible on or through the Website.
"Site Owner" has the meaning set forth in the first paragraph of these Website Terms of Use.
"Site Owner Parties" means Site Owner and its affiliates, licensors, vendors, retail partners, and any other party involved in the creation, operation, production or transmission of this Website and their respective officers, directors, employees, representatives, and agents, successors, and assigns.
"Terms" has the meaning set forth in the first paragraph of these Website Terms of Use.
2. Your Information, Registration, and User Accounts. You are not required to establish an account in order to access the Website. However, in order to access some of the resources the Website has to offer and to make purchases, you may be required to be or become a registered user. To establish a Website account, you will be asked to provide registration details, which you agree to input, update, and maintain accurately and completely and so long as you are a registered user. You represent and warrant that you are authorized to provide all the information you provide upon registration for your Website account. It is a condition of use of the Website that all the details you provide be correct, current, and complete. If Site Owner believes, in its sole discretion, that the details are not true, correct, current, or complete, we have the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account or cancel any order you may have placed.
During the registration process, you will be asked to select a username and password. Site Owner, in its sole discretion, may refuse to grant you for any reason a username, including, by way of example only, any username that personally identifies you, belongs to or is being used by another person, impersonates someone else, is or may be illegal, is or maybe protected by trademark or other proprietary laws, violates intellectual property or other rights of any person, is vulgar or otherwise offensive, or may cause confusion. You will not transfer or resell your use of or access to the Website to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD, AND FOR USE OF YOUR USERNAME AND PASSWORD, AND FOR ANY AND ALL ACTIVITIES (INCLUDING, WITHOUT LIMITATION, PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. SITE OWNER IS NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH ANY OF THE FOREGOING OBLIGATIONS.
3. Use. In using the Website you agree not to:
a. disrupt or interfere with the security of, or otherwise abuse, the Website or any Material, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or any Material, or affiliated or linked websites;
b. access, tamper with, or use non-public areas of the Website, and you acknowledge that unauthorized individuals attempting to access these areas of the Website may be subject to prosecution;
c. frame the Website within another website or webpage; or
d. use a manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website.
Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or other intellectual property, proprietary, or industrial right of Site Owner or any of its affiliates, or any licensors of any of the foregoing.
4. Pricing and Shipping. Prices on the U.S. website (www.vitafruere.com) are in U.S. dollars for U.S. purchasers only. Prices and billing methods are subject to change at any time, effective immediately upon publication.
VITA FRUERE DOES NOT PROVIDE INTERNATIONAL SHIPPING.
5. Product Information and Availability. There may be unintentional inaccuracies, omissions, or errors regarding price, offers, descriptions, promotions, availability, or other matters and except as provided by law, Site Owner will not be liable for these inaccuracies, omissions, or errors. Site Owner will attempt to correct such inaccuracies, omissions, or errors when brought to its attention. Site Owner reserves the right to limit the quantity of items purchased and to change and update information. Site Owner cannot guarantee that any product listed on the Website will be in stock or remain available. Further, Site Owner may discontinue or otherwise cease offering a product at any time, in its sole discretion. If a product is not available at the time you place your order, either because the product is permanently or temporarily (e.g., on back-order) unavailable, or if a product is permanently unavailable, we will cancel your order for the unavailable product. Unless you notify us to cancel your entire order, we will fulfill the balance of your order pursuant to our ordinary order fulfillment policies. Product information is for information purposes only and although Site Owner makes every effort to display products (including their colors) as accurately as possible, sometimes your computer and monitor settings can affect what you see when you look at the Website. Consequently, Site Owner cannot guarantee you will accurately be able to see the actual colors and specific features in every case. The technical information, opinions, recommendations and other information made available on the Website, including commentary regarding particular products, are provided for convenience only and may not be relied upon as addressing your particular needs and circumstances.
Any products or services mentioned on the Website are made available in accordance with local law and only where they may be lawfully offered for sale. Site Owner does not claim that the information on the Website is appropriate for or applicable to your jurisdiction or that the products described on the Website will be available for purchase in all jurisdictions.
6. Purchases. You represent and warrant that you are at least 18 years of age prior to purchasing products. As stated above, Site Owner’s acknowledgement of an order is not acceptance of an order and Site Owner may reject or cancel an order at any time. All purchases are subject to, and you agree to pay, all charges and losses incurred in connection with your purchase, including all applicable taxes, customs duties, shipping, handling, and insurance. You must provide valid, authorized payment card information directly or a valid PayPal account at the time of your transaction. The amount of your purchase, including all related fees, will be authorized on your credit card or PayPal account at the time of your transaction and the funds will be reserved for payment of your purchase. However, the amount is only charged when your order is ready to leave our warehouse. You acknowledge that you are responsible for any fees charged by the issuer of your payment card or by PayPal. Please consult the terms provided by the issuer of your payment card or by PayPal for applicable rate, fees, and charges. You represent and warrant that you have the right to use any credit card or PayPal account that you use in connection with a purchase on the Website.
If you have registered for a Website account, you may purchase products through your Website account. When you place a product in the shopping cart on the Website, you will be prompted to enter your Website account log-in information. Upon completion of the online order process, your purchase will be charged to you using the billing information you provided in connection with your Website account or during checkout. You will subsequently receive acknowledgement of the order or a receipt by email to the email address associated with your Website account.
If you do not have a Website account, you may purchase products as a guest, without logging in, by providing payment, shipping, and related information as requested by Site Owner at the time of purchase. Each time you make a purchase in this manner, you must provide us with accurate contact information so we may contact you regarding your purchase, if necessary, and you must agree to these Terms and any other applicable terms.
You agree that the Site Owner disclaims all consequential damages and Site Owner’s liability related to the products is the amount paid for such products. You agree that Section 10 (the Exclusion of Warranties) set forth in these terms and the limitations of liability set forth in these Terms apply to all products that you purchase through the Website. In addition, you agree to indemnify, defend, and hold harmless the Site Owner Parties from and against any third party claims in connection with your purchase of products through the Website or use of products purchased through the Website.
7. Cancellations and Returns. To the fullest extent permitted by law, Site Owner may, in its sole discretion, choose to cancel your order in certain circumstances (even if you received an automated confirmation). This may occur, for example, when information on the Website is found to be inaccurate, the product you wish to purchase has been mispriced, when we suspect the request is fraudulent, or in other circumstances we deem appropriate.
If you wish to change or cancel your order for any reason, you must contact the Site Owner by using the contact details provided on the Website by email at [email protected]. Change or order cancellations cannot be guaranteed once the order is placed. If you wish to return a product, you can return the product within fifteen (15) days after the date of receipt in accordance with Site Owner’s published return policies accessible at the bottom of the Website. Complete and include our “Return Merchandise Authorization Form.
in the return package. Mail the completed form with your item(s) to VITA FRUERE 12 Autumn Drive, Mine Hill Nj 07803. VITA FRUERE will credit your account when it receives the form and merchandise. You will also receive an email to confirm that the return has been completed. Please note that you will still be responsible for any return shipping charges.
If you have any problems with your order, please contact us within 10 days to resolve the issue.
We offer full refunds for new, unused merchandise within 15 days of the original purchase date. Please be careful while trying on items as all items must be returned in new, unused and unaltered condition. At times, heavily discounted items may be marked as FINAL SALE. These items will not be eligible for returns.
8. Exclusion of Warranties. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. Site Owner makes no representations or warranties regarding the condition of or access, function, and performance of the Website, or the suitability, accuracy, reliability, completeness, currency, quality, timeliness or usefulness of any of the foregoing, or that use of the foregoing will be uninterrupted or error-free.
Site Owner does not represent or warrant that the Website, the Material, or the information or materials, or any other software, accessed from or through the Website, will be uninterrupted or free of errors, defects, viruses, or other harmful components, or that any such problems which are discovered will be corrected. Site Owner is not responsible for any reliance you may place, in whole or in part, on the Website, the Material, and any such use or reliance is at your sole risk. THE WEBSITE, TOOLS, MATERIAL AND ALL MATERIAL OR INFORMATION ON THIS WEBSITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND. SITE OWNER DISCLAIMS ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR FREEDOM FROM INFRINGEMENT. TO THE FULL EXTENT PERMITTED UNDER LAW, IN NO EVENT SHALL SITE OWNER OR ANY OF ITS AFFILIATES, OR ANY DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER RELATING IN ANY WAY TO YOUR USE OF OR RELIANCE ON THIS WEBSITE (OR ANY CONTENT THEREOF OR THEREIN), OR ANY MATERIAL, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES EVEN IF THE SITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These exclusions are in addition to any specific exclusion otherwise provided in the Terms. To the extent that the jurisdiction to which you are subject to does not allow the exclusion of certain warranties, such exclusions which are not permitted do not apply.
9. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, SITE OWNER WILL NOT BE LIABLE UNDER ANY THEORY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE (INCLUDING LOST PROFITS), ARISING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITE OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY RELEASEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY RELEASEE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE LIABILITY OF THE SITE OWNER PARTIES FOR ANY DAMAGES (DIRECT OR OTHERWISE), PENALTIES, OR LOSSES ARISING OUT OF OR RELATING TO THE WEBSITE OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITE OR ANY OTHER WEBSITE, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EXTRA-CONTRACTUAL LIABILITY, DELICT, OR OTHERWISE OF ANY TYPE EXCEED FIFTY DOLLARS (USD $50). ANY CLAIM FOR DAMAGES IN EXCESS THEREOF IS HEREBY WAIVED BY YOU.
Without limitation and notwithstanding anything to the contrary, the Site Owner Parties, to the extent permissible by law, shall not be responsible for and shall not be liable to you or to any third parties for any claims, losses, costs, expenses, damages, lost profits, business interruption, loss of programs or other data on your information handling system, or otherwise arising out of or in connection with:
a. failure to perform, delays, interruptions, communication line or system failures including communication malfunctions that affect the transmission, accuracy or timeliness of information, materials, messages, or instructions between you and the Site Owner, or which prevent information, materials, messages or instructions from being transmitted in whole or in part between you and the Site Owner;
b. your inability to access, at any time, any part of the Website or any Materials provided on it;
c. interception, loss or disclosure of confidential or sensitive information transmitted over the Internet, including personal information;
d. lack of suitability, reliability, timeliness or availability of the Website, Material, or products or services offered on the Website; or
e. the Site Owner’s failure to take corrective measures.
Your sole and exclusive remedy is to discontinue using and accessing the Website.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
10. Indemnity. You agree to defend, indemnify, and hold harmless the Site Owner Parties, from, and waive and release all Site Owner Parties from all Claims incurred or suffered by any release arising out of or based on any claim or threatened claim based on (a) your use of or access to the Website, or that of or any other person to whom you have provided access to your computer system (b) your violation or breach of any of the Terms, including, but not limited to, any unauthorized use of any of the Material, or (c) your violation of any intellectual property rights of any Site Owner Party or any third party.
11. Ownership and Confidentiality. Except as otherwise expressly noted, Site Owner or its providers (as applicable) own all right, title and interest in and to all Material, and the Website (including, but not limited, the selection, arrangement and organization of any part or content of the Website) (collectively, the “Intellectual Property”), and all copyright, trademark, service mark, trade dress, and other intellectual property and proprietary rights, rights of publicity and rights of privacy in or relating to any of the foregoing. Site Owner does not represent or warrant that such materials do not infringe the rights of any other person or entity. Trademarks, logos, and service marks (collectively, “Marks”) displayed on the Website are registered or unregistered Marks of Site Owner, its affiliates or its licensors, and may not be used without Site Owner's written authorization or license of the owner of such Marks. Without the express written consent of Site Owner in each instance, you may not reproduce, republish, download, upload, post, display, perform, frame, transmit, distribute, modify, or use the Material or Marks, in whole or in part, whether in text, graphical, audio, video, executable, or other forms except as expressly permitted by these Terms. Any other access to the Website or use of Material is strictly forbidden without the prior written consent of the Site Owner. Any information or material contained on the Website which may be reproduced pursuant to these terms must bear the proprietary rights notices which originally appear on or in conjunction with such information or materials. The use of tools should be made according to the Terms. The use of tools for purposes other than your use and information from the Website, as well as any reproduction of tools from the Website, are prohibited without the prior written authorization of the Site Owner.
12. Risks related to the Internet. Complete confidentiality and security is not possible over the Internet. Use of the Internet and communications over the Internet are subject to possible interception, loss, and alteration. Therefore, you should not communicate any personal information to the Site Owner by email, unless adequate security measures are in place in order to ensure the security of the transmission. The Site Owner, its affiliates and their respective agents, administrators and employees will not be liable in any manner whatsoever, to you or any third parties, for any damage as a result of information transmitted by email to the Site Owner. You assume all risks related to such communications.
13. Software. Except for software expressly identified as being owned by the Site Owner, any software available for downloading through the Website is provided by third-party software vendors pursuant to license agreements or other arrangements between such vendors and end-users. The Site Owner does not sell, resell, license, or sub-license any such software on its Website, and the Site Owner disclaims any responsibility or liability related to the software. Any questions, complaints, or claims related to the software should be directed to the appropriate vendor. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the software downloaded through the Website. In the event of any express inconsistency between these terms and those contained in any license agreement with a software vendor, the Terms (i.e., the terms contained herein) are paramount.
14. Hyperlinks. This Website may contain hyperlinks and references to other websites. Such hyperlinks and references are provided to you as a convenience only. The Site Owner has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such hyperlinks, and does not assume any responsibility for any such other websites, information or materials posted thereon, or products or services offered thereon. You may not create hyperlinks from other websites to the Website, except if expressly permitted by the Site Owner.
15. Damage to Others. It is forbidden to introduce into or through the Website any information or materials which may be deemed harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation, or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
16. Liability for Computer System. You will at all times remain liable for all damages caused by your computer system as a result of (i) the connection, configuration, or compatibility of the different components of your computer system (ii) your use of any material on any website, including, without limitation, use of the Material (iii) your access to any website, including, without limitation, the Website or Materials, or (iv) your downloading of data, content, software and/or viruses.
The Site Owner, its affiliates and their respective agents, administrators and employees do not assume any liability whatsoever for any unauthorized access to your computer system by hackers or the quality, reliability, compatibility or speed of services rendered by your Internet service provider.
17. Termination. The Site Owner, in its sole discretion, may terminate or suspend your use of the Website and Material at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the Website, and (b) destroy any copies you have made of any portion of the Material. Accessing the Website after such termination, suspension, or discontinuation shall constitute an act of trespass. Further, you agree that Site Owner shall not be liable to you or any third party for any termination or suspension of your access to the Website.
18. Investigations. Site Owner reserves the right to investigate suspected violations of these Terms. Site Owner may seek to gather information from the user who is suspected of violating these Terms, and from any other user. Site Owner may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Site Owner believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting, or upload, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. Site Owner will fully cooperate with any law enforcement authorities or court order requesting or directing Site Owner to disclose the identity of anyone publishing or otherwise making available any materials that are believed to violate these Terms. YOU WAIVE AND HOLD HARMLESS ALL SITE OWNER PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY SITE OWNER PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS, OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A RELEASEE OR LAW ENFORCEMENT AUTHORITIES.
19. Reservation of Rights. All rights not expressly granted in these terms are reserved by the Site Owner. Nothing contained in these terms shall be construed as conferring by implication, estoppel, or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of the Site Owner or any other person or entity.
20. Governing Law. These Terms shall be governed by the laws of the State of New York, without regards to principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any state or federal court located in New Jersey, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
21. Jurisdiction. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the country in which you reside. You may not use, export, or re-export the products or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States, Canadian or European export laws and regulations.
22. Severability. If any provision hereof is held illegal, invalid or unenforceable by any competent authority in any jurisdiction, such illegality, invalidity or unenforceability shall not in any manner affect or render illegal, invalid or unenforceable such provision in any other jurisdiction or any other provision hereof in any jurisdiction.
23. Modification of these Terms. The Site Owner may modify, alter, or otherwise update these Terms and additional terms and conditions applicable to the Website, including eliminating or discontinuing any content on or feature of the Website, or changing any fees or charges for use of the Website or product or services available on the Website, at any time by updating this posting. We will provide additional notice in advance if material changes are being made to these Terms, which Site Owner may provide by any means permitted under applicable law (e.g., a disclaimer on our website or an email to subscribers). Your continued use of the Website after such notice shall be deemed acceptance of such changes. You can determine when these Terms were last revised by referring to the “Last Updated” legend at the top of these Terms. You agree to review these Terms each time you access and use the Website and to be bound by such terms of use as are in effect at the time when you access the Website.
24. Survival. These Terms apply while you are accessing the Website and remain in effect thereafter. In the event that the Website is no longer accessible to you, the provisions set out in sections 2, 3 and 8 through 23 of these terms and conditions shall survive thereafter.
All rights reserved. All rules, terms and conditions are subject to change without notice.