TERMS AND CONDITIONS

PRELIMINARY REMARKS

This website is operated by VitalAxion. Throughout the site, the terms “we”, “us” and “our” refer to VitalAxion. VitalAxion offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

SECTION 1 – ACCEPTANCE OF TERMS OF USE

By visiting our site and/or purchasing something from us, whether as a result of a written order form, electronic order, telephone order or directly in our store, virtual or physical, you are engaging in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms and Conditions of Sale”, “Terms of Use”, “Terms”), including any additional terms and policies referenced here and/or available by hyperlink. These Terms of Service apply to all users of the Site, including, but not limited to, users who are browsers, sellers, customers, merchants and/or content contributors.

Please read these terms of service carefully before accessing or using our Web site. By accessing or using any part of the site, you agree to be bound by these terms of service. If you do not agree to all of the terms and conditions of this agreement, you may not access the website or use any services.

You can consult the most recent version of the terms of service at any time on this page.

Our store is hosted by Hébergement web Wawapress inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 2 – MODIFICATIONS TO CONDITIONS OF USE

We reserve the right, at our sole discretion and without prior notice, to update, modify or replace any part of these Terms of Service by posting updates and changes on our Web site. It is your responsibility to check our Web site periodically for changes. Your continued use of or access to our Web site or the Service following the posting of any changes to these Terms of Service will constitute your acceptance of those changes.

SECTION 3 – GENERAL CONDITIONS

By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are of the age of majority in your state or province of residence and have given us your consent to allow any minor dependent of yours to use this site.

You may not use our products for any illegal or unauthorized purpose and you may not, in the course of using the service, violate any laws in your jurisdiction (including, but not limited to, copyright laws). You may not transmit any worms, viruses or other code of a destructive nature. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without our express written permission.

In addition to the other prohibitions set forth in the Terms of Service, you are prohibited from using the Site or any Content: (a) for illegal purposes; (b) to solicit others to perform or participate in illegal acts; (c) to violate international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; or (f) submit false or misleading information; (g) upload or transmit viruses or any other type of malicious code that will or may be used to affect the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) for spamming, phishing, pharming, pretexting, spidering, crawling or scraping purposes; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet.

We reserve the right to terminate your use of the Service if you violate any of the prohibited uses. We also reserve the right to refuse service to anyone for any reason at any time.

SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

From time to time, information on our site or in the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or a related website is inaccurate, at any time and without notice (including after you submit your order).

We are under no obligation to update, modify or clarify any information contained in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, shall be deemed to indicate that all information in the Service or on any related website has been modified or updated.

We are not responsible for the accuracy, completeness or timeliness of the information provided on this site. The content of this site is provided for general information purposes only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information. Any use of the content of this site is at your own risk.

This site may contain certain historical information. Historical information is not necessarily current and is provided for reference purposes only. We reserve the right to change the content of this site at any time, but we are under no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 5 – SERVICE AND PRICE CHANGES

Prices of our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 6 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and may only be returned or exchanged in accordance with SECTION 8.

We have made every effort to display as accurately as possible the colors and images of our products that appear in store. We cannot guarantee that the display of a color on your computer screen will be accurate.

We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions or product prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of products or services made on this site is void where prohibited.

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. Such restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders which, in our sole judgment, appear to be placed by unauthorized dealers, resellers or distributors.

We do not warrant that the quality of any product, service, information or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected. Accordingly, you acknowledge that you have made sufficient investigation of the services and/or products to form an independent opinion about their suitability for your intended use and you will not make any claim against us based on our advice, statements, information, services or recommendations.

IMPORTANT WARNING: OUR TECHNOLOGICAL PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, OR CURE ANY DISEASES. THE SUGGESTED TOOLS ARE ONLY MEANT TO FACILITATE THE RETURN OF THE BODY’S NATURAL FUNCTIONS AND ITS BIOENERGY BALANCE TO IMPROVE YOUR GENERAL WELL-BEING. WE RECOMMEND THAT YOU ALWAYS CONSULT WITH A HEALTHCARE PROFESSIONAL BEFORE INCLUDING ANY ALTERNATIVE APPROACH IN YOUR DAILY LIFE OR CHANGING YOUR MEDICAL PRESCRIPTIONS.

WE HAVE COLLECTED THE FOLLOWING GENERAL PUBLIC INFORMATION FOR REFERENCE WITH THE SOLE PURPOSE OF PROVIDING YOU WITH ADDITIONAL KNOWLEDGE. PLEASE USE DISCERNMENT AND VALIDATE FOR YOURSELF THE EFFECTS OF THESE ALTERNATIVES, WHICH ARE NON-MEDICAL HOLISTIC APPROACHES, THAT HAVE NOT BEEN EVALUATED OR APPROVED BY THE FDA OR HEALTH CANADA. NOTHING CONTAINED HEREIN IS INTENDED TO PROVIDE OR BE A SUBSTITUTE FOR MEDICAL ADVICE.

UNLIKE THE ALLOPATHIC MEDICAL APPROACH THAT TREATS VARIOUS BODY SYMPTOMS WITH THE HELP OF MEDICATION, WE OFFER A GLOBAL CLEANUP OF THE BIOLOGICAL SYSTEM. THIS CLEANSING RESULTS IN THE ELIMINATION OF UNDESIRABLE ACCUMULATIONS THAT DISORGANIZE THE NATURAL METABOLIC BALANCE AND THE GLOBAL HOMEOSTASIS OF THE BODY. WELL-BEING FOR US IS THE MERE ABSENCE OF NUISANCES AND METABOLIC DISTURBANCES LIKE EXCESS CHEMICAL TOXINS, ACID-BASE IMBALANCES, ENERGY BLOCKAGES, AND OVERLOADS OF PATHOGENIC MICROORGANISMS. LIKE ANY LIVING ORGANISM, HEALTH AND VITALITY AT THE CELLULAR LEVEL REQUIRE GOOD OXYGENATION, ADEQUATE NUTRITION, AND SUFFICIENT HYDRATION TO AVOID SOME FUNDAMENTAL DEFICIENCIES.

SECTION 7 – DELIVERY

All delivery dates and times are estimated and subject to change.

Any transportation costs incurred for the delivery of any product are your responsibility. Any transportation costs incurred by us for the delivery of any product will be applied to the order. The cost of transport varies according to the address and particularities of the destination, the dimensions and weight of the product.

You must inspect the product within a short time of receipt. Any damage, defect or missing item must be reported immediately upon receipt. You must notify us within 24 hours of receipt at info@vitalaxion.com. Photographs of the non-conforming product and the carrier’s delivery note must support your declaration of the non-conforming product.

Failure to comply with these conditions may result in refusal of return, exchange or credit.

SECTION 8 – RETURNS, EXCHANGES AND CREDIT

To request a return, exchange or credit, please contact us at info@vitalaxion.com within 30 days of receipt of the product.

All product returns must be accompanied by a Return Merchandise Authorization (RMA) form provided by us. Any return not authorized by us will not be accepted.

You must ship a return-authorized product within 10 business days of acceptance of the return and delivery of the RMA. No returns will be accepted after this period. The product to be returned must be intact and complete.

We offer a 30-day satisfaction guarantee from receipt of the product, allowing you to obtain a partial refund, representing 80% of the purchase price. In this case, the returned equipment must be in perfect condition. Shipping charges are non-refundable. In addition, you are obliged to pay the freight charges for the return shipment.

SECTION 9 – WARRANTIES AND EXCLUSIONS

Our products have a limited manufacturer’s warranty in accordance with our policy, the terms of which are described on our website, on this page Our Products/Service and warranties, i.e. replacement warranty and repair warranty.

To qualify for the manufacturer’s warranty, you must have complied with the user’s manual and the contraindications set out in the document entitled Instruction Manual, a copy of which is available here.

We do not warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that, from time to time, we may discontinue the Service for indefinite periods or cancel the Service at any time without notice.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products and services provided to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement.

SECTION 10 – BILLING INFORMATION

You agree to provide current, complete and accurate information about yourself and any purchases you make on our Web site or in our store. You agree to promptly update your information, including your e-mail address and credit card numbers and expiration dates, so that we may process your transactions and contact you if necessary.

You understand that your content (with the exception of credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) modifications to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

SECTION 11 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we have no control or influence.

You acknowledge and agree that we provide access to these tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising out of or in connection with your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and you must ensure that you are aware of and agree to the terms and conditions under which the tools are provided by the relevant third party supplier(s).

SECTION 12 – LINKS TO THIRD PARTIES

Certain content, products and services available via our Service may include elements from third parties.

Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and shall have no liability for any third-party materials or websites, or for any other third-party materials, products or services.

We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content or any other transactions conducted in connection with third-party websites. Please review the third party’s policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party in question.

SECTION 13 – INTELLECTUAL PROPERTY

Trademarks and logos used or displayed on the website are registered or unregistered trademarks and logos of VitalAxion or third parties. Nothing on the site may be interpreted in such a way as to allow, directly or indirectly, the use of such trademarks or logos without the prior written permission of their owner. Without limiting the generality of the foregoing, it is forbidden to reproduce the trademarks and logos displayed on the site for commercial or advertising purposes or to increase the volume of visitors to your own site.

All elements of the Web site (including, without limitation, text, articles, photographs, images, illustrations, audio and video clips, software, etc.) are protected by copyright and belong to VitalAxion or to third parties acting as content providers. Unless clearly stated otherwise, nothing on the site should be construed as granting you any rights under our intellectual property or that of any third party content provider.

Except as expressly provided in the following paragraph, you may not copy, reproduce, modify, publish, broadcast, distribute, participate in the transfer or sale of, create derivative works from, translate, download, sublicense or otherwise exploit, in whole or in part, any material offered on the Website (including any software).

You may download, publish or copy for personal, non-commercial use only, material from the Web site, provided that the Web site retains all intellectual property notices contained therein. Copying or recording any material for purposes other than personal use is absolutely prohibited without our prior written permission or that of the copyright holder identified in the intellectual property notice.

The content you provide is subject to the license and rights listed in section 14 below.

SECTION 14 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or if, without a request from us, you send creative ideas, suggestions, proposals, testimonials, plans or other materials, whether online, by e-mail, by postal mail or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium the Comments you send to us. We are and shall be under no obligation (1) to maintain the confidentiality of any Comments, (2) to pay any compensation for any Comments, or (3) to respond to any Comments.

You acknowledge and agree that by the mere act of submitting your comments to us, you are granting us a worldwide, perpetual, non-exclusive license, without compensation to you, to use, edit, modify, delete, reproduce, publish, distribute and sublicense, and you hereby waive any moral rights you may have in the integrity of your comments.

You acknowledge that you have all necessary rights, including intellectual property rights, in any comments you send to us. You agree that your comments will not violate the rights of any third party, including copyrights, trademarks, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or any computer virus or other malicious software that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, impersonate anyone or otherwise mislead us or any third party as to the origin of any Comments. You are solely responsible for the comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

We may, but have no obligation to, monitor, edit or remove content that we deem, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property or these Terms of Use.

SECTION 15 – PERSONAL INFORMATION

Your submission of personal information through the Store is governed by our Privacy Policy.

SECTION 16 – LIMITATION OF LIABILITY

In no event shall VitalAxion, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenues, lost savings, lost data, replacement costs or any similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising out of your use of the service or any product obtained through the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the service or any content (or product) displayed, transmitted or made available through the service, even if you have been advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.

SECTION 17 – COMPENSATION

You agree to indemnify, defend and hold harmless VitalAxion and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 18 – VITALAXION NEWSLETTER OR OTHER COMMUNICATIONS

By using our Services, you agree to be part of the mailing list established by VitalAxion and authorize us to communicate to you all information regarding the use of the Site, products and services offered on the Web site, news and special offers of the Site, new surveys and other information deemed relevant by VitalAxion. You may unsubscribe from the mailing list at any time by contacting us at info@vitalaxion.com and indicating that you no longer wish to receive such communications. Such unsubscription shall not prevent you from being bound by this Agreement.

SECTION 19 – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules we post on this site or regarding the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, all prior versions of the Terms of Use).

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 – APPLICABLE LAW

By using this Site, including any order or purchase on the Site, you acknowledge and agree that this Agreement and any Claim, suit, action or demand arising out of the use of the Site, including any order or purchase, shall be governed by the laws applicable in the Province of Quebec and the federal laws applicable in Canada. You hereby acknowledge and irrevocably submit to the exclusive jurisdiction of the courts of the Province of Quebec, judicial district of Saint-François, with respect to all disputes arising out of this Agreement and your use of the Site, to the exclusion of any other courts.

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any sale of our services and/or products.

SECTION 21 – CONTACT DETAILS

Questions about the terms of service should be sent to info@vitalaxion.com.