Nutricia Purchase Terms and Conditions

These Purchase Terms and Conditions (“Purchase Terms”) apply to your purchase of any Nutricia North America, Inc. (“Nutricia”) products or services from www.souvenaid.com (the “Site”). As used herein, the terms “Nutricia”, “us”, “our”, and “we” refer to Nutricia North America, Inc. Your use of the Site is subject to the Site’s Terms of Use and Privacy Policy.

You must be at least 18 years of age (or the age of majority in your state of residence) to make a purchase from the Site. We may update or change these Purchase Terms at any time with or without notice to you, except that we will not change pricing terms valid at the time of purchase without first notifying you and giving you a reasonable opportunity to cancel your purchase.

You agree that product purchased on the Site is intended for personal household consumption only and you will not resell any product to any other person or entity. As a result, you are limited to purchases that total no more than $10,000 in a calendar year. If you intend to purchase products for resale, you must contact us at 1-800-365-7354 and establish a commercial trade account.

In addition, you agree that you shall not directly or indirectly resell or distribute the products purchased on the Site to any person or entity that is located outside of the United States or its territories, or to any person or entity that may attempt to directly or indirectly export the products outside the United States or its territories.

You understand and agree that most of Nutricia’s products are intended for use under medical supervision. You agree to review the information on the product labels and abide by all instructions for product use and storage.

IMPORTANT: THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE SITE IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE YOU TAKE ANY ACTION THAT MAY AFFECT YOUR HEALTH OR SAFETY OR THE HEALTH OR SAFETY OF ANOTHER PERSON. IF YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR YOUR HEALTHCARE PROVIDER IMMEDIATELY.

In order to purchase products on the Site, you must either create an account or provide certain personal information, such as your name, shipping information, billing information, email address and, if you create an account, a password will be required to create your login profile. You might also be asked to provide certain other personal information about yourself and your need for Nutricia products. All information that you provide to Nutricia is subject to our Privacy Policy. You are responsible for keeping your account information up-to-date, and for protecting the confidentiality of your account username and password.

We may terminate your account, without notice, for conduct we believe violates these Purchase Terms or our policies or that is harmful to our business interests, or if your account is inactive.

As a user of the Site, you may receive promotional materials and other email communications about our products and services from time to time. You may opt-out of receiving promotional materials or other email communications by using the unsubscribe link that is provided in the applicable e-mail correspondence.

All orders are subject to Nutricia’s acceptance and Nutricia may reject or cancel an order in its sole discretion or require customers to contact Customer Service at 1-800-365-7354 before accepting or fulfilling an order.

We accept the following payment cards at this time: Visa, MasterCard, and American Express.

We may use a third-party payment service in lieu of directly processing your payment card information. By submitting your payment card information, you grant Nutricia the right to store and process your information with the third-party payment service. In addition, you agree that Nutricia will not be responsible for any failures of the third party to adequately protect such information. You acknowledge that we may change the third-party payment service at any time and transfer your information to accommodate any such change.

Your payment card on file will automatically be charged after you submit your order and every time an auto reorder (if applicable) is placed. If your payment method reaches its expiration date or is invalid for any other reason, your order will not be shipped until you have updated your account with valid payment information.

For some products, you can opt to receive auto reorders. BY DOING SO, YOU ACKNOWLEDGE THAT YOUR ORDER HAS AN INITIAL AND RECURRING PAYMENT FEATURE, AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION OR THE EXPIRATION OF THE AUTO REORDER TERM, WHICHEVER OCCURS EARLIER.

You may cancel (or disable) your auto reorder at any time on the Site or by contacting us at 1-800-365-7354. In order to avoid any future charges, you must cancel your auto reorder before the next shipment date. IF YOU DO NOT CANCEL YOUR AUTO REORDER PRIOR TO THE NEXT SHIPMENT DATE, YOU WILL BE CHARGED FOR THAT DELIVERY OF PRODUCT TO YOU.

The cost for shipping and handling is calculated and displayed on the checkout page before you complete your purchase. Unless otherwise noted, we will use commercially reasonable efforts to ship your products within a reasonable time after receipt of your properly completed order. Although we may provide delivery or shipment timeframes or dates, you understand that those are our good-faith estimates and may be subject to change. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery.

All items purchased from the Site will be delivered to the shipping address that you provide and a signature will NOT be required upon delivery. Items will be left at the shipping address so you should consider this when placing orders. The risk of loss and title for all items passes to you upon our delivery to you. We may reject orders where the stated delivery address is outside the United States.

You may be entitled to return any products you receive in connection with these Purchase Terms. The products delivered hereunder are subject to our Return Policy, available at www.souvenaid.com/returns. If you wish to return any such product, please review and follow the instructions in the Return Policy.

The products sold pursuant to these Purchase Terms are subject to our 45 Day Satisfaction Guarantee, available at www.souvenaid.com/45-day-satisfaction-guarantee

We may assign, delegate, transfer, or sub-contract any of our rights or obligations under these Purchase Terms to any third party at our discretion and share information you provide to us with such third parties as necessary. No delay by us in exercising any right or remedy under these Purchase Terms shall operate as a waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver of any rights under these Purchase Terms by us must be agreed to by us in writing. These Purchase Terms supersede any other terms previously published by us, any agreement between you and us regarding the subject matter of these Purchase Terms, and any other representations or statements made by us to you, whether oral, written, or otherwise. No different or additional terms and conditions contained in any invoice, confirmation, or other document provided by you will apply to any transactions related to these Purchase Terms and such terms and conditions are expressly rejected by us.

IMPORTANT: YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING, OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE PRODUCTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS. WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR SITES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITE MAY LIST OR CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.

Except as set forth in our 45 Day Satisfaction Guarantee Section, above, this Site and the products offered on the Site are provided on an "as is" and "as available" basis, without warranties of any kind, and to the fullest extent permitted under applicable law, Nutricia disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title,  and non-infringement, with respect to this Site and any products offered or purchased on the Site, and any delivery or pickup service. Nutricia does not warrant that this Site will be uninterrupted or error-free, that defects will be corrected, or that the Site will be free of viruses or other harmful components. Nutricia does not make any representations or warranties regarding the access to or use of, or the results of the access to or use of, this Site, including the content and materials on the Site, in terms of their correctness, accuracy, validity, completeness, usefulness, timeliness, suitability, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so some or all of these disclaimers may not apply to you.

IMPORTANT: To the fullest extent permitted under applicable law, under no circumstances (other than with respect to personal injury arising from consumer goods) will Nutricia be liable for any incidental, special, punitive, exemplary, indirect, or consequential damages, or any lost profits, income, revenue, or data, arising from or related to these Purchase Terms, including: (i) your purchase of any products on this Site, any person’s use of or inability to use any such products, or any failure to timely deliver any products; or (ii) any unauthorized access to, or use, disclosure, or alteration of, your data including, without limitation, your personal information or payment card information, even if Nutricia or a Nutricia representative has been advised of the possibility of such damages. Notwithstanding the foregoing, Nutricia’s total liability to you (other than with respect to personal injury arising from consumer goods), whether under contract, warranty, tort (including but not limited to negligence, but excluding gross negligence, recklessness, and willful misconduct), product liability, strict liability, or any other theory, arising from or related to these Purchase Terms, for any reason whatsoever, will be limited in the aggregate to the greater of: (a) ten dollars ($10); or (b) the total of all payments you have made to Nutricia (if any) for under these Purchase Terms during the three-month period preceding the date such liability arises. If you are dissatisfied with any of the products purchased hereunder (for any reason other than injury to any person, in the case of consumer goods), your sole and exclusive remedy is set forth in the Section titled “45-Day Satisfaction Guarantee”. The limitation of liability set forth in this section, including the disclaimer of damages, will apply notwithstanding any failure of any limited or exclusive remedy of its essential purpose. Applicable law may not allow some or all of these exclusions, limitations on remedies, or limitations of liability for damages, so some of these exclusions and limitations may not apply to you.