Terms of service

OVERVIEW

This website is operated by Formuland. Throughout the site, the terms “we”, “us” and “our” refer to Formuland. Formuland 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.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. 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 the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Woocommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to 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 the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

If you are purchasing baby formula, you agree that you are using it for personal use only and not for resale.

Disclaimer: Breastfeeding is best recommended for your baby. Please consult your pediatrician if your baby needs supplementing feeding.

 

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

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 express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

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

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for 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 at any time.

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

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

Certain baby products are not approved by the FDA. Please consult with your pediatrician before use.

By purchasing from our site, you agree that you are buying the products for personal use only and not for resale.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales 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 products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to 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 discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials 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 will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

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

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, 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 any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

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

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information 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, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon 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 based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; 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 or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or 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 remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

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 delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Formuland, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using 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 the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the 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 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Formuland and our parent, 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 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us 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 Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

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

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 941 S Vermont Ave Ste 101-306, Los Angeles, CA 90006.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at care@formuland.com.

Shipping Policy

 

Shipping Speed:

Most orders are delivered within 1-6 business days. 

Shipments out of California Warehouse:

Express orders (overnight/2-day shipping) placed before 12 PM Pacific from Monday to Friday and Saturday 10 AM will ship out the same day via FedEx/UPS.  All other orders (standard and free shipping) will ship out on next business day.  All express orders placed on Saturday (after 10 AM), Sunday, and otherwise noted holidays will be processed on the following business day (for example, if you place an express order on 9/2/2017 (Saturday) at 10 AM, it will be shipped out on 9/5/2017 (Tuesday) via FedEx Express/UPS.

Standard shipping normally takes 1-3 business days to arrive (Monday through Saturday, excluding holidays).

Free standard shipping normally takes 1-6 business days arrive (Monday through Saturday, excluding holidays).

If you place an order during holiday seasons, there may be a slight delay.

We will be closed on US Holidays.

Shipments out of EU & UK:

All shipping estimates are valid only Monday through Friday, and packages will leave the warehouse the following business day (unless there is a holiday either here in the US or in the EU). We have no authority over or control over shipping carriers. Customs' processing times for each and every parcel they receive are beyond our control or legal jurisdiction. What is allowed through customs and what is not is at the control of US Customs and the FDA. If a product is about to be refilled, there can be brief delays. Any cancellation requests made within an hour after making the order will be taken into consideration, but they cannot be guaranteed.

Free Shipping:

We are currently offering free shipping on purchases of $100 or more.  

Customs & Government Agencies (Applies Only to Canadian Customers)

It’s very important to always cooperate with customs and government agencies to prevent seizure and possible return of your order. If you are contacted, it is important to always mention the parcel is for personal-use only and is not intended for resale to avoid any unnecessary taxes or fees.

Shipping Couriers:

We use USPS, UPS, and FedEx depending on location and weight of the items.  

 

Signature Confirmation:

Please note if your order exceeds $250 in value our courier will require a signature.

Shipping and handling charges are subject to change without notice.

Refund Policy

 

We regretfully do not accept returns. We take this action since the majority of our products are sanitary or perishable goods. For the sake of all of our clients, we must maintain the integrity of our inventory. All of our products are safely transported in brand-new, unopened condition from clean, secure facilities.

Baby formula is regarded as being non-returnable.
Perishable goods (like food) cannot be returned. Sadly, we are unable to accept returns on sale items.

 

Damaged Products
When a boxed item is received with a pierced interior bag or a punctured can, we consider the item to be damaged (for canned items). Even though we take great care to avoid cosmetic damage from happening during delivery, commodities that are received with cosmetic flaws like dents in cans or wrinkles in boxes are not regarded as damaged goods from the perspective of a refund. Within three days of receiving your package, you must report any damage to care@formuland.com. Please save your original packaging, which will be given to the appropriate delivery carrier as proof. Claims without visual proof won't be taken into account.

 

Delivered incorrect Products
Fulfillment errors do occur at times, though they are uncommon. If you believe you have received the incorrect item, kindly let us know immediately so we can investigate and make things right. Keep the original packaging you received because it will be used as proof in our internal inquiry.  Claims without visual proof won't be taken into account.

 

Mis-deliveries
The customer is responsible for contacting the shipping company directly to schedule delivery once the product has left our facility. Although we will try to assist if any shipping difficulties occur, it is the customer's duty to be present when the package is delivered. We advise searching the common areas of your property and asking the neighbors if an item is tagged as delivered but you cannot locate it. Once the carrier marks the delivery as delivered, we do not provide refunds for lost or stolen packages. Our delivery guarantee applies to any packages with tracking numbers that are designated as "undelivered," and we will work with the customer to find a solution.

 

Change of Address after placed order
Customers acknowledge that Formuland is responsible for delivering to the address they provide at the time of ordering. After your item has been paid for, our customer service team will make an effort to accommodate changes of address, but we cannot guarantee a new delivery address. Any mis-deliveries brought on by a package being sent to the incorrect address is not regarded refundable. In the event that the change of address was not handled by a delivery carrier in time for the delivery to be redirected, Formuland is not liable for mis-delivered products once they have left our warehouse. Requests for mail redirection should be avoided because there is a strong possibility that the previous address will still be sent to, despite our carriers' best efforts to update the address.

 

Delay in Delivery
In spite of our shipping providers' best efforts to deliver packages within 1-6 business days, there occasionally might be delays that are beyond our control. Although such delays are extremely rare, we advise consumers to allow up to 3 weeks for their delivery during busy holiday seasons. We do not count Saturdays or Sundays when determining a 1-6 business day delivery window because not all shipping carriers are open on weekends. As they are outside Formuland's control, delivery delays brought on by the carrier, including any brought on by import and customs processing, are not considered refundable. The customer commitment made by Formuland is to keep the maximum ship-out time from your order to 24 hours.

 

Updated packaging and product photography
Manufacturers may change the wording, pictures, or colors of their product packaging to match a newer box or can. We exclusively get the newest stock from manufacturers since we want to guarantee the longest expiration dates possible. Formuland will make a concerted effort to preserve the most modern packaging designs, but consumers occasionally might receive a box that is more modern than the images or copy on our website. There is no ground for a refund if they receive packaging with a newer design. By only shipping the most recent products on the market, Formuland is operating in the best interests of all clients.

 

Customer fraud attempt related to product complaints
Although they are infrequent, please be aware that we treat all product complaints carefully. Any complaints must be supported by photographic, video, and other requested proof that will be communicated directly with Manufacturers due to the high standards of hygiene that our Manufacturers uphold for their products. Any complaints will be deemed unprovable and won't be taken into further consideration if the requisite evidence isn't provided. The legal teams of Formuland and the Manufacturers will work together to deal with any attempt by a customer to fabricate product information in a way that would suggest a problem that doesn't exist. In such situations, Formuland will give detailed instructions on how to return any formula for lab testing. Please be aware that every manufacturing batch number is noted at the time of shipping and will be compared to any claims that are made.

 

Refunds
Once we've resolved your issue, we'll let you know and let you know whether or not a refund was approved. If accepted, a refund will be made automatically using your original payment method. Please keep in mind that processing and posting the refund to your account by your bank or credit card provider can take some time (There is no way for us to speed up this procedure).

Subscription Policy

We will send you a notification 3 days prior to your subscription order date.  So you may have the time to manually cancel it through your account or email us anytime at care@formuland.com if changes need to be made.  If the order is processed and shipped then it can no longer be cancelled but you may return it for a refund.  If a chargeback is filed without our products returned unopened then the chargeback will not be accepted.