Mercola.com Health Resources, LLC Terms and Conditions Relating to Product Purchasing
Please read these Terms and Conditions carefully before using the website. The Terms and Conditions contain important information about your rights and obligations, as well as limitations and exclusions. By ordering any product from Mercola.com Health Resources, LLC, to the fullest extent permitted by law, you confirm your unconditional agreement to, and acceptance of, these Terms and Conditions. If you elect not to accept these Terms and Conditions, do not order any product from Mercola using this website.
All products and product information on this website are subject to change at any time without notice. Mercola.com Health Resources, LLC makes all reasonable efforts to accurately display the product information, including colors, labels, pictures, etc. However, the actual appearance you see will depend on your computer system. The product images on the website may not exactly reflect the product you receive as a result of design revisions and color variations.
Mercola.com Health Resources, LLC attempts to ensure that product information on this website is complete, accurate, and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete, or out of date.
To the fullest extent permitted by law, Mercola.com Health Resources, LLC makes no representation as to how complete, accurate, or current any product information is on this Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website.
Mercola.com Health Resources, LLC reserves the right to modify or discontinue, temporarily or permanently, the Website as a whole and/or any or all of the Website features, products, prices of products, promotions, services or information appearing on, or available through, any or all of the Website with or without notice to you.
SMS Terms and Conditions
The following terms and conditions pertain to SMS text message promotions from Mercola.com Health Resources, LLC. When you sign up to receive text messages, you will receive recurring automated marketing SMS text messages from Mercola.com Health Resources, LLC to the mobile number provided. Message and data rates may apply. Message frequency will vary. For help, text HELP to 88088. To cancel SMS messages, reply STOP to 88088. You are not required to sign up to receive text messages to purchase goods or services.
Ordering and Payment:
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. All DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. Note that you are not able to order any products for resale purposes unless you are a wholesale customer. We reserve the right, without prior notice, to limit the order quantity on any product or service. We also may require verification of information prior to the acceptance and/or shipment of any order.
By placing an order, you authorize Mercola.com Health Resources, LLC to charge the credit card / debit card you provided for your order. If your credit card is declined at the time you place your order, your order will not be accepted and you will be notified that your order payment has failed. Once your payment information is corrected, your order will be placed. If you have received an order without paying for it (e.g. your credit card was cancelled) Mercola.com Health Resources, LLC reserves the right to pursue any/all collection efforts allowed under the law.
For orders paid by check or echeck, if there is an overage amount (check amount is greater than the order's total), Mercola.com Health Resources, LLC will apply the overage amount as store credit to the customer's account once the order has been shipped. If the amount of the overpayment is $5.00 or greater, and the customer makes a written request to Mercola.com Health Resources, LLC for reimbursement of the overpayment, Mercola.com Health Resources, LLC will issue a refund check in lieu of a store credit to the customer. If your check payment has "bounced" or been declined by our Bank, you are liable for paying the Bank's "Bounce Fee," along with your order total before your order will be fulfilled.
If there is an underage amount for any order paid by check (check amount is less than the order's total), Mercola.com Health Resources, LLC has the right to use your store credit to pay for the underage amount, refuse your payment, or ask you to submit an additional payment for the underage amount. If Mercola.com Health Resources, LLC has not received complete payment within two weeks of your order date, your order will be cancelled and payment voided.
All check orders will be placed on-hold until Mercola.com Health Resources, LLC receives full payment and the payment has cleared Mercola.com Health Resources, LLC 's bank, which usually takes up to 14 business days. Once Mercola.com Health Resources, LLC receives confirmation from the bank that your payment has cleared, your order will be fulfilled.
After making a purchase, you are automatically enrolled in Mercola Healthy Rewards. It is free to enroll.
To be eligible, you must be over 18 and have an active email address. Wholesale members are excluded from the program
MyMercola members earn points at the rate of 1 point per $1 spent on qualifying purchases.
You can become a PremierPlus member by spending over $1,000 in purchases in a 365-day period. Returns or refunds will cause your yearly total to decrease by the amount of the return or refund.
PremierPlus members earn points at the rate of 2 points per $1 spent on qualifying purchases.
Points are only earned on the subtotal, not shipping or any applicable taxes.
Points may be earned when purchasing a gift card, but not upon use of a gift card.
Both PremierPlus members and MyMercola members receive their Healthy Rewards points when their order has shipped.
Returning products will reduce your yearly total by the amount of the returned products. Any points earned from those products will also be deducted from the points accumulated.
In addition, please note that reward coupons aren't refundable if you return any item on an order, or an entire order.
You will receive a $10 reward coupon for every 200 points you earn. Reward coupons may only be redeemed when the purchase value exceeds the amount of the coupon value. Reward coupons may only be used once.
Reward coupons are non-transferable and may only be used by the person they are issued to.
Both PremierPlus members and MyMercola members will receive their Healthy Rewards coupons in their account when their order has shipped, and they are immediately redeemable. Rewards coupons expire after forty-five (45) days of receipt for MyMercola members and ninety (90) days of receipt for
Reward coupons have no cash value.
Reward coupons may not be used to purchase gift cards.
Points will not be earned upon use of a rewards coupon.
Exceptions and Exclusions:
Mercola.com Health Resources, LLC reserves the right to exclude or ban any customers who abuse the Healthy Rewards Program or otherwise harm the reputation of the company.
You may view your membership activity and available reward coupons by visiting your Healthy Rewards Account Page.
When you enroll in the Autoship Program, the following Autoship Terms and Conditions apply:
You must have an account, a valid email address, and a credit card and/or debit card to participate in the Autoship Program.
Autoship Order Placement:
When you place an Autoship order, Mercola.com Health Resources, LLC will automatically place and ship an order for your selected Autoship item(s), on a scheduled date determined by your order frequency selection on your initial Autoship order.
Autoship Order Final Order Amount:
Your Autoship order's final total may vary due to changes in price, tax rates, Customs, duties fees, and/or shipping costs. Your order total will include:
Sales tax, if applicable, will be applied to each Autoship order.
Customs fees, if applicable, will be applied to each Autoship order shipped to Canada. Shipments to Canada are duty free, so there are no duty fees.
Shipping cost will be applied based on the shipping method you selected on your initial Autoship order, e.g.: if you selected 2nd-day shipping on your original order, this shipping method will be used for all subsequent Autoship orders. Your actual shipping cost will be the current rate, for your shipping method. If you want to change your Autoship order's shipping method, you can go to your "My Account" section and click "Autoship Management" to select a different shipping method.
Autoship Order Payment:
When you place an Autoship order, the credit card you provided for subsequent Autoship orders will be charged until you cancel your Autoship order. Unless modified by you, the credit card you used to set up the initial Autoship order will be charged for subsequent orders. Subsequent orders will be charged the day the order is placed and forwarded to the warehouse for processing.
If your credit card is declined at the time of Autoship order placement, your order will not be placed; you will be notified that your Autoship payment has failed and you will need to update your credit card information. Once your payment information is corrected, your Autoship order will be processed. To update your credit card information, you can go to your "My Account" section and click "Autoship Management" to update your credit card information.
Credit Card and Debit Card payment will be the only valid payment types accepted for Autoship order payment. Store Credit, Gift Certificates, Checks, PayPal, and Bill Me Later will not be accepted.
The items in an Autoship subscription are based on a customer's current customer class price. This means that item prices are not locked in.
Autoship Order Notifications:
An Autoship shipment confirmation email will be sent after each Autoship order is processed and shipped. Once an Autoship order is scheduled, no emails will be sent before subsequent Autoship order shipments are processed.
At the time of ordering, any backordered item(s) on your Autoship order will be indicated on your order confirmation.
Autoship Order Backordered Items:
Any backordered Autoship order item(s) will be shipped as soon as they become available.
A backordered item will not affect the Autoship order schedule for the backordered item. Subsequent Autoship orders of that item will continue to be shipped according to the schedule you specified when you set up your initial Autoship order. 30, 45, 60, 90, 120, or 180 day intervals will run from the date you set up the initial Autoship order, not from the date that an item was last shipped.
Manufacture Container Size Changes on Autoship Orders
Sometimes a manufacturer will modify the container size (for example, a manufacturer could increase the quantity from 30 to 60 capsules). In this case, your Autoship order's quantity and possibly ordered item(s) will be automatically adjusted to retain the original order quantity. This new adjustment will continue unless you choose to cancel them.
Product Formula Changes on Autoship Orders
Mercola.com Health Resources, LLC is committed to providing the best quality and innovation. Our team is continually monitoring our product's effectiveness; updates to the formula are made in the name of quality and improvement for what we believe is in the best interest of our customer. This may result in the manufacturer adjusting its formula (for example, a manufacturer could change the percentage of a product's active ingredient from 5% to 7%). Each formula change could be different and Mercola.com Health Resources, LLC will take the following actions depending on the percentage change of active ingredients:
For formula modifications, your order will be automatically updated by replacing the existing item with the new formula item. You will NOT be notified separately of this formula change before subsequent Autoship orders are processed and shipped. This new formula product will continue on subsequent Autoship orders unless you choose to remove this item from your Autoship order.
Cancellation of Autoship Orders:
You may cancel your Autoship subscription by going to the My Account section and clicking on the Autoship Management page. Or you can call Customer Service at (877) 985-2695 (U.S.) or (847) 252-4355 (International). You may modify or cancel your Autoship order at any time before the subsequent order is processed.
Canceling an Autoship order will stop all future shipments of that order.
Canceling an Autoship item will stop all future shipments of that item.
To resume your Autoship order after you cancelled it, you will need to create a new Autoship order.
Changing of Your Autoship Order:
Modifying subsequent Autoship orders is easy. Simply log in to your account and click "Autoship Management" to update your Autoship order. You can modify the following on your Autoship order(s):
Update payment information
Update billing / shipping addresses
Change the order frequency of an item
Remove items from you Autoship order
International and Wholesale Accounts:
We're sorry but International and Wholesale accounts are not eligible for Autoship at this time.
Mercola.com Health Resources, LLC reserves the right to update or revise these Autoship Terms and Conditions at any time. If Mercola.com Health Resources, LLC makes material changes to these Autoship Terms and Conditions, we will provide you notice on the website for 30 days. If you do not accept these Terms and Conditions or any changes proposed by Mercola.com Health Resources, LLC, you should cancel your Autoship order(s).
Mercola.com Health Resources, LLC reserves the right to modify or terminate this program at any time without prior notice.
Electronic Gift Cards:
Mercola Gift Cards must be redeemed toward the purchase of eligible products on www.shop.mercola.com . Upon redemption, gift card balance will be transferred to the user’s store credit account. Purchases are deducted from the Shop.mercola.com store credit account. Any unused balance on the store credit account after a purchase will remain there. If an order exceeds the amount of the Shop.mercola.com store credit, the balance must be paid with a credit card or other available payment method. Mercola.com Health Resources, LLC may provide Gift Card purchasers with information about the redemption status of Mercola Gift Cards that they purchase. To view Gift Card balances, visit the Gift Certificate section under "My Account" on Shop.mercola.com.
Mercola Gift Cards may be used for purchases on Shop.mercola.com. Mercola Gift Cards cannot be used to purchase other gift cards. All gift card sales are final. Once purchased, Mercola Gift Cards cannot be returned or refunded. Mercola Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account. Unused store credit in a Shop.mercola.com account may not be transferred. Items purchased using store credit from a Mercola Gift Card, if returned, will be refunded in the form of store credit only.
Risk of Loss.
The risk of loss and title for Mercola Gift Cards pass to the purchaser upon our electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable. Mercola.com Health Resources, LLC is not responsible if a Mercola Gift Card is lost, stolen, destroyed or used without your permission.
Mercola.com Health Resources, LLC will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Mercola Gift Card is redeemed and/or used to make purchases on Shop.mercola.com or any of its affiliated websites set forth above.
Limitation of Liability.
IN THE EVENT A MERCOLA GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH MERCOLA GIFT CARD.
Mercola Gift Cards are issued by Mercola Health Resources LLC, an Illinois corporation. When you purchase, receive or redeem a Mercola Gift Card, it is our intention that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Mercola Gift Card terms and conditions. Mercola.com Health Resources, LLC reserves the right to change these terms and conditions from time to time in its discretion. All terms and conditions are applicable to the extent permitted by law. Please allow 24-48 hours for Mercola Electronic Gift Card processing after placing an order online.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract with independent carriers. Risk of loss and title for items purchased from this Website pass upon delivery of the items to the carrier. Claims for damaged and/or lost shipments should be addressed to the carrier.
Domestic Use/Export Restriction:
Mercola.com Health Resources, LLC controls the Website from our offices within the United States of America. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the website) is appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain products, technical data, and software to certain territories. No content from the website may be downloaded in violation of United States law.
For any Wholesale issues or inquiries, please see wholesale.mercola.com or call (239)-673-2110.
Submission of Information and/or Materials:
Linking to This Website:
Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this website must comply with all applicable laws, rules, and regulations.
Third Party Links:
From time to time, this Website may contain links to websites that are not owned, operated or controlled by Mercola.com Health Resources, LLC or their respective affiliates. These links are for your convenience only and are not under our control. Mercola.com Health Resources, LLC is not responsible for the availability of such external sites or resources, and does not endorse any such site, or any content, advertising, products, or other materials on or available from such websites or resources. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.
Products and/or services purchased through third-party websites are subject to the Terms and Conditions of such other parties and their websites, and Mercola.com Health Resources, LLC shall have no liability or responsibility theretofore.
To the fullest extent permitted by law, you agree to indemnify and hold Mercola.com Health Resources, LLC and our parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these Terms and Conditions. This indemnity survives termination of these Terms and Conditions.
Disclaimer of Warranties:
OUR WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMITTED BY LAW, Mercola.com Health Resources, LLC AND ITS AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, "AFFILIATES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, Mercola.com Health Resources, LLC AND ITS AFFILIATES MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT THE PRODUCTS OBTAINED ON OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; NOR DOES Mercola.com Health Resources, LLC OR ITS AFFILIATES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY PRODUCTS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
To the fullest extent permitted by law, Mercola.com Health Resources, LLC and its affiliates shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, resulting from the use or the inability to use any products obtained on or through the Website, even if Mercola.com Health Resources, LLC or its affiliates have been advised of the possibility of such damages; cost of procurement of substitute goods and services; any goods or services purchased or obtained through or from the Website; and/or loss of profits, use, data or other intangible losses. In the event of any problem with the products or services that you have purchased on or through this Website, your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer's or supplier’s warranty or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Website.
Revisions to These Terms and Conditions:
These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the current Terms and Conditions. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Website.
Enforcement of Terms and Conditions/Jurisdiction:
To the fullest extent permitted by law, these Terms and Conditions are intended to be governed and interpreted pursuant to the laws of the State of Illinois, United States of America, notwithstanding any principles of conflicts of law.
To the fullest extent permitted by law, our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the court should endeavor, to the fullest extent permitted by law, to give effect to the parties' intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect.
You or we may suspend or terminate your account or your use of this Website at any time for any reason or for no reason.
No agency, partnership, joint venture, or employment is created as a result of the Terms and Conditions and you do not have any authority of any kind to bind Mercola.com Health Resources, LLC in any respect whatsoever. The failure of either party to exercise and respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
To the fullest extent permitted by law, your ordering any product from Mercola.com Health Resources, LLC confirms your unconditional acceptance of these Terms and Conditions. If you elect not to accept these Terms and Conditions, do not purchase products using this Website.
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at: