Wholesale.MercolaMarket.com Terms and Conditions

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 using this website or by ordering any product from Wholesale.MercolaMarket.com, 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 use this website.

Website Content:

All products, product information, and content on this website are subject to change at any time without notice. Wholesale.MercolaMarket.com 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.

Wholesale.MercolaMarket.com attempts to ensure that 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 Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete, or out of date.

Wholesale.MercolaMarket.com makes no representation as to how complete, accurate, or current any 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.

Wholesale.MercolaMarket.com may make changes to its Website design, functionality and/or content at any time, and may provide links to other sites that are not maintained by Wholesale.MercolaMarket.com. Wholesale.MercolaMarket.com does not endorse those sites and is not responsible for the content of such other sites. Please read our policy governing such Third Party Links.

Website Modifications:

Wholesale.MercolaMarket.com 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. You agree that Wholesale.MercolaMarket.com shall not be liable to you or any third-party for any modification or discontinuance of such features, products, prices, services, or information on the Website or the Website itself.

Health-Related Information:

The information contained in the Website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Wholesale.MercolaMarket.com Website (including, but not limited to, information that may be provided by healthcare and/or nutrition professionals employed by, or contracting with, Wholesale.MercolaMarket.com) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration unless specifically so stated. You should carefully read all product packaging prior to use.

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 and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

By placing an order, you authorize Wholesale.MercolaMarket.com 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) Wholesale.MercolaMarket.com reserves the right to pursue any/all collection efforts allowed under the law.

Shipping Limitations:

When an order is placed, it will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions. We only ship to verified business addresses. We do not allow shipping to a P.O Box or a Home address. Your business address must match your reseller / tax certificate (when applicable) All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Domestic Use/Export Restriction:

Mercola.com 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.

Purchase:

Purchase Agreement:

We require a minimum purchase of $1,000.00 per calendar year. Wholesale accounts that do not achieve this minimum will be made inactive.

Eligibility:

We reserve the right to approve and remove any wholesale account for any reason without advance notice. We require all accounts to provide a Reseller Certificate / Tax Certificate (with the exception of the following states; ALASKA, DELAWARE, MONTANA, NEW HAMPSHIRE, OREGON,) and a Business License / Registration document. We may ask for updated documents at any time for any reason, If you fail to make payment, your account will be deactivated and no further orders will be processed until the accounts balance is paid.

Selling Online:

Retailers are not allowed to sell Dr. Mercola Premium Products on third party merchants such as Amazon, Ebay and Walmart. Wholesalers who do not comply with this agreement will have their account terminated.

Online Advertising:

Wholesalers will not be able to use Pay Per Click (PPC) advertising to advertise products bought from Mercola.com at wholesale prices. PPC is an Internet advertising model, where advertisers pay their host only when their ad is clicked. Any wholesaler found in non-compliance will have their account terminated.

Images:

Any images of Dr. Mercola or Wholesale.MercolaMarket.com must be approved by the Wholesale Department prior to use. If a wholesaler is using an unauthorized image or using Wholesale.MercolaMarket.com's images without permission, the wholesale account will be made inactive.

Payment:

We accept MasterCard, Visa, American Express, Discover, checks, money orders, PayPal, and terms. If ordering with a credit card, wholesalers will be required to supply the 3-digit security code on the back of their credit card or 4-digit security codes on the front of the card.

If approved for terms, you will be given a credit limit which cannot be exceeded. Payment is expected within the approved time frame. If you fail to make payment, your account will be deactivated and no further orders can be processed.

Returns and Refunds:

In most cases, wholesale items are not refundable except for manufacturer's defect. Wholesalers should have their own return policy as Wholesale.MercolaMarket.com is not responsible for the wholesale customer's returns for any reason other than manufacturer's defect. Do not have customers contact Wholesale.MercolaMarket.com directly. In some cases, Wholesale.MercolaMarket.com will accept returns within 30 days from the wholesaler.

Call (239) 673-2110 for all wholesale return inquiries. Merchandise must be unopened and in saleable condition. The wholesaler is responsible for shipping and handling fees of original purchase if not defective as well as return shipping. Items returned for any reason other than Wholesale.MercolaMarket.com's error or manufacturer's defect will be charged a 20% restocking fee.

In cases of damage or manufacturer's defect to the product, please send photos to [email protected] for review. Do not return any damaged or defective item without return instructions or authorization. Wholesale.MercolaMarket.com will inspect the photos and handle returns and refunds accordingly.

Order Cancellation:

Once an order is placed, additional products cannot be added to the order. Once it is processed, an order cannot be cancelled. If an order is cancelled after the items have been shipped out, the wholesaler will be responsible for shipping the products to Wholesale.MercolaMarket.com for a refund.

Shipping:

All United States orders are shipped by FedEx Ground unless faster shipping is requested. International orders can be shipped by FedEx international, or the customers may us a freight forwarder at the customer expense. Wholesale.MercolaMarket.com is not responsible for delayed time due to customs or customs fees and charges. Please contact your local Customs Office regarding their regulations BEFORE an order is placed. We are a United States company and all orders are shipped from the USA. Any orders returned to Wholesale.MercolaMarket.com will be refunded minus the shipping and handling fees as well as any other fees associated with the return. See Wholesale.MercolaMarket.com shipping policies here: Domestic Shipping Policy

Map Policy:

NATURAL HEALTH PARTNERS, LLC UNILATERAL INTERNET MINIMUM ADVERTISED PRICE POLICY

Natural Health Partners, LLC (“Natural Health”) has concluded that Natural Health products will be more competitive in the marketplace for similar products if wholesalers of Natural Health products have the freedom to provide valuable point-of-sale services to their customers without the disincentive to do so because of discount advertising on the Internet by other Natural Health wholesalers. Accordingly, Natural Health has unilaterally determined to implement the following Unilateral Internet Minimum Advertised Price Policy. Effective immediately, every wholesaler of Natural Health products located in the United States may only advertise Natural Health products on the Internet at “Internet Minimum Advertising Prices” established by Natural Health and provided to wholesalers by email or regular mail. In addition, wholesalers of Natural Health products located in the United States are only permitted to advertise Natural Health products on Internet sites which the wholesaler either owns or is solely responsible for establishing and controlling the policies, service terms and conditions of use which govern the site. By definition, this prohibits wholesalers from advertising Natural Health products on sites such as Amazon, EBay, Walmart.com, and Jet.com which are owned by third parties that establish and control the policies, service terms and conditions of use governing their sites.

This policy neither restricts the actual price which wholesalers may charge for Natural Health products, nor prohibits wholesalers from advertising non-Natural Health products on third party websites. Wholesalers of Natural Health products are free to establish their own resale prices. Furthermore, wholesalers of Natural Health products are free to advertise Natural Health products at prices established solely by the wholesaler in any media other than the Internet. This Unilateral Internet Minimum Advertised Price Policy is effective immediately and shall remain in effect until Natural Health notifies wholesalers that it is no longer applicable. Should any wholesaler violate this Unilateral Internet Minimum Advertised Price Policy, Natural Health will take one or more of the following actions following verification by Natural Health that a wholesaler has violated this Policy:

  • For the first violation, Natural Health will deactivate the wholesaler’s account with Natural Health and not permit the wholesaler to purchase Natural Health products from Natural Health at wholesale prices unless the wholesaler removes within one (1) business day after receiving notice of a violation from Natural Health the offending discount advertising from the Internet or any third party website accessible by the public.
  • For the second violation, if the offending discount has not been removed as required above or there is a second violation of the Policy by the wholesaler regarding the same or a different Natural Health product, Natural Health will deactivate the wholesaler’s account with Natural Health and not permit the wholesaler to purchase Natural Health products at wholesale prices.

“Discount advertising” is defined to mean a price different from the established “Internet Minimum Advertised Price” and shall include, but not be limited to the following:

  • All discounts, deductions, rebates and allowances offered on the Internet;
  • All free goods or services or similar benefits offered to customers on the Internet;
  • An offer by the wholesaler made on the Internet to pay taxes or other charges typically paid by a customer.

However, notwithstanding the foregoing, free or reduced price shipping may be offered by a wholesaler on the Internet without it being considered a discount when offered. The term “public” includes customers that may also be re-selling Natural Health products, including but not limited to health products stores, doctors, physicians, clinics, or exercise facilities. “Discount advertising” is also defined to include the use of terms or phrases on the Internet such as the following:

  • The “lowest price;”
  • Offers to match or beat any price offered by others;
  • Use of a wholesaler-wide discount, coupon or rebate event such that, when the relevant price discount is taken into account, the advertised price of Natural Health products is less than the “Internet Minimum Advertised Price” for that product;
  • Prices “in-the-cart” or other container or checkout that varies from the Internet Minimum Advertised Price;
  • An invitation to click, call, e-mail, or visit a location to obtain a price; and
  • Any form of low price guarantee.

This Policy may be modified, extended, suspended, discontinued, or rescinded in whole or in part by Natural Health in writing at any time. Natural Health will not discuss with wholesalers any conditions of acceptance related to this Policy. Natural Health neither solicits, nor will it accept, any assurance of compliance with this Policy. Nothing herein will constitute an agreement by wholesaler to comply with this Policy. This Policy should not be construed to be a part of any term of any express or implied agreement with a wholesaler. Any questions or requests for additional information regarding this Policy, or information regarding potential violations of this Policy, must be in writing and addressed to the following person:

Zach Bayle Natural Health Partners, LLC 125 SW 3rd Place, Suite 311 Cape Coral, FL 33991 Telephone: (239) 673-2110 Email: Zachb @solspring.com

Only Mr.Bayle or his designated representative is authorized by Natural Health to answer questions regarding this Policy, to comment on this Policy, or to accept information regarding potential violations.

Submission of Information and/or Materials:

You understand that to become a Wholesale.MercolaMarket.com member, no personal information is required. If you voluntarily choose to provide your personal information, this information is covered under our Privacy Policy. You understand and agree that Wholesale.MercolaMarket.com in no way encourages Wholesale.MercolaMarket.com members to disclose private information on publicly accessible portions of this Website. Wholesale.MercolaMarket.com and its directors, officers, employees, and agents are not liable for the disclosure of any personal information which you voluntarily include on the Website. You recognize that you have no legitimate expectation of privacy in any information which you voluntarily disclosed to Wholesale.MercolaMarket.com, and waive any constitutional, statutory, or common law right to privacy which you might otherwise claim in such information. You understand and agree that Wholesale.MercolaMarket.com may collect and utilize any personal information, which you voluntarily provided, and may combine the personal information collected from you with information collected from others to provide a better user experience.

Other than personally identifiable information, any information, including but not limited to video, software, data, text, photographs, music, sound, remarks, comments, suggestions, ideas, graphics or other submissions, transmissions and/or postings that are communicated to Wholesale.MercolaMarket.com through this Website will be considered non-confidential / non-proprietary and will become exclusive property of Wholesale.MercolaMarket.com.

You acknowledge the originality of any submission communicated to Wholesale.MercolaMarket.com and accept responsibility for its accuracy, appropriateness and legality in that you agree to provide true, accurate, current and complete information about yourself if and when you elect to provide personal information to us. You also agree to maintain and promptly update any such information to keep it accurate. You are responsible for your own communications and are responsible for any consequences resulting from these communications.

Wholesale.MercolaMarket.com is entitled to use any information submitted for any purpose anywhere, anytime and for any reason whatsoever without restriction or compensation to the person sending the submission. We may, but are not obligated to, monitor or review any User Communications. Wholesale.MercolaMarket.com will have no obligation to use, return, review, or respond to any information we receive from you. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Wholesale.MercolaMarket.com retains the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable and may terminate your account or your use of this Website.

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 Wholesale.MercolaMarket.com or their respective affiliates. These links are for your convenience only and are not under our control. You acknowledge and agree that Wholesale.MercolaMarket.com is not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents and is not responsible or liable for 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 Wholesale.MercolaMarket.com shall have no liability or responsibility theretofore.

Indemnity:

You agree to indemnify and hold Wholesale.MercolaMarket.com 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 use of our Website, your connection to our Website, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.

Disclaimer of Warranties:

YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS.

MERCOLA.COM 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, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. MERCOLA.COM AND ITS AFFILIATES MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT THE WEBSITE OR ANY SERVICES, PRODUCTS, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED ON OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MERCOLA.COM OR ITS AFFILIATES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER MERCOLA.COM NOR ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR SERVICES. 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 DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY YOU THE EXTENT PROHIBITED BY LAW. REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Liability Restrictions:

You agree that Mercola.com 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 the Website or any services, products or information obtained on or through the Website, Website interruption, suspension or termination, even if Mercola.com or its affiliates have been advised of the possibility of such damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent, including, without limitation, damages from: personal injury; downloading any material contained on or accessed through the Website; linking to any third party website from the Website; any unauthorized access to any information on the Website and/or submitted by you to or through the Website; cost of procurement of substitute goods and services; any goods or services purchased or obtained or messages received or transactions entered into through or from the Website; and/or loss of profits, use, data or other intangible losses. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, in which case the above limitation may not apply to you.

You further agree that any material and/or information downloaded or otherwise obtained through the use of or from the Website is done at your own discretion and risk and that you will be solely responsible for your use or nonuse of such information, including, without limitation, any damage to your computer system or loss of data that results from the download of such material and/or information and any bodily injury. Mercola.com is not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; incomplete, garbled or delayed computer transmissions; service degradation (including "line-noise" interference). Under no circumstances will Mercola.com or its suppliers be liable for any damages or injury that results from the use of the materials on this Site. In the event of any problem with this Website or any content, you agree that your sole remedy is to cease using this Website. In the event of any problem with the products or services that you have purchased on or through this Website, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacture's or suppliers 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 because they are binding on you. 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:

These Terms and Conditions are governed and interpreted pursuant to the laws of the State of Illinois, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions. Any claim relating to the Mercola.com Website, our Website Terms and Conditions, and the relationship between you and Mercola.com shall be governed by the laws of the United States and the State of Illinois without regard to its conflict of law provisions. You and Mercola.com agree to submit to the personal and exclusive jurisdiction of the courts located within the geographic area encompassed within the United States District Court for the Northern District of Illinois, Eastern Division.

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 parties nevertheless agree that the court should endeavor 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 AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR OUR TERMS AND CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Termination:

You or we may suspend or terminate your account or your use of this Website at any time, without notice, for any reason or for no reason. You may terminate this agreement by destroying all materials obtained from the Mercola.com Website. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this website at any time without notice.

General:

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 in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Mercola.com may transfer, assign or delegate the Terms and Conditions Use and its rights and obligations without consent. The Terms and Conditions are not assignable, transferable or sublicensable by you except with Mercola.com's prior written consent.

Acceptance:

Your use of this Website or by ordering any product from Mercola.com, confirms your unconditional acceptance of these Terms and Conditions. If you elect not to accept these Terms and Conditions, do not use this Website.

Additional Assistance:

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:

Natural Health Resources, LLC
125 SW 3rd Place Suite 205 Cape Coral, FL 33991 USA

[email protected]