Terms and Conditions
Effective as of October 1, 2020
By accessing or using this Site, mobile application or other Company product or service on any computer, mobile phone, tablet, console or other device (collectively, "Device"), or by any other means, you acknowledge and agree that you have read, understand and agree to be bound by these Terms and Conditions and by any applicable law.
Company may change these Terms and Conditions at any time without notice. When we make changes, we will post them here. If you do not agree to these Terms and Conditions, please do not use this Site or any Company products or services, and please promptly exit this Site.
When you use any Site service, or send e-mail messages to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You expressly consent and request to be contacted by members of our network by phone, email, text/SMS, and through the use of an automatic telephone dialing systems and pre-recorded messages at the number(s) listed on the form submitted even if your number provided on the form is on a National or State Do Not Call List. In some cases, automated technology may be used to contact you including on your cellular telephone for promotional messages. Your consent does not require you to purchase any goods and/or services & you have clicked, read & agree to the privacy terms located at the bottom of this page. Standard carrier and messaging rates will apply. Reply "Help" for help or "Stop".
ORDER ACCEPTANCE AND CANCELLATION
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether your credit card has been charged or not. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. In all cases, if your credit card has been charged and your order is cancelled you will receive a prompt refund credit to your account.
Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.
We are a reseller to end user customers and do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products on our website. We have a limit of 12 boxes for this reason and to ensure you receive the freshest product. Should we determine or suspect that you are purchasing orders from our site for purposes of resale, without our consent, we reserve the right to stop selling to you. We take fraud very seriously and have fraud protection systems in place. Should your order be flagged for fraud, it will automatically be cancelled and refunded to your credit card. We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
Simple Spectrum Solutions SA occasionally runs site wide discounts that have specific start and end dates. These sales generally have restrictions which include: Not valid on multi-packs, Offer valid on up to qty 3 of each item, Not valid on new or existing subscribe and save plans, Offer can only be used one time, Cannot be combined with any other discount code.
PLEASE NOT THE DISCOUNT CODE IS ONLY ON SINGLE BOTTLE ORDERS AND NOT ON BUY BULK AND SAVE.
Shipping and handling fees are as follows. Company reserves the right to use any shipping service we choose to ship products to you. We offer domestic and international shipping options.
Standard shipping is provided with rates ranging depending on weight/order rand value. Rates range from Postnet to postnet of R100 to between R100-R200 for Courier guy deliveries.
Estimated delivery time is 5 to 7 business days once we have processed your order. All orders ship out Monday through Friday from Postnet or Courier guy each week. They are assigned a tracking number and that will be automatically emailed to you once it’s fulfilled in the warehouse. We do not ship out over the weekend, so any orders places Friday afternoon till Monday I’ll be shipped out Monday or Tuesday afternoon.
S0UTHERN AFRICA COUNTRY ORDERS
Will be quoted per order.
All orders shipped outside of South Africa will take 1-3 days processing and 1-3 weeks to deliver depending on your countries customs. We are not responsible for any taxes or duties that may be owed upon arrival.
When ordering, you're responsible for ensuring the product can be imported to the destination country as the recipient. As the importer of record on your order, you must comply with all laws and regulations of the destination country. If you are outside of SA, you may be subject to import taxes, customs duties and fees levied by the destination country that you will have to pay for once the shipment reaches you. These additional charges for customs clearances must be paid by the recipient of the order. We have no control over these charges nor can we predict what they might be. As policies range from country to country, you should contact your local customs office for more information. Many times the delays in international shipments are due to the customs clearance process.
All shipping prices are quoted in South African Rand. No C.O.D. orders can be accepted.
The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization or during holidays.
There may be occasional delays beyond the posted order processing time. If the delay is more than ten business days, we will send you an e-mail message notifying you of the delay. If the delay will be less than ten business days, we will ship the product as soon as it is received. If your product is on backorder for more than twenty business days, we will send you an e-mail message asking if you want to cancel the order. If you do not advise us that you would like to cancel the order, we will process the order and sent it to you.
When your order ships, you will be provided with a tracking number via email. If you lose this email, you may call our customer service center for tracking information. We do not guarantee any specific delivery dates or times. These shipping terms are accepted by you by placing an order with us.
We are not responsible for any lost, stolen, or damaged packages. It is up to you to track your package and ensure you are there to receive it. Postnet and Courier guy updates orders once they arrive at their processing center from our warehouse so please check with them for updates once we've shipped it using the tracking number you receive via email.
RETURNS & EXCHANGES
Your first order of any one of our dietary supplements, is covered by our 30 day Satisfaction money back guarantee. If for any reason you are not happy with your purchase after 30 days of receiving the product, simply return all unused and unopened products to receive a full refund, less shipping and handling fees. Any non-supplements, or supplement orders past the initial money back guarantee, can be returned or exchanged within 30-days if they are in the original, unopened package.
Both policies are covered by the following terms and limitations.
You must return both opened and unopened product in its original packaging and have proof of purchase through this Site. Customer is responsible for return shipping. We do not accept product returns sold by third-party sellers.
To return a product, you must first call Customer Care on 0828506438 or email@example.com to receive a return authorization number. We will need your order number or email address associated with your account. Any products that are refused or returned to sender will be subject to a 25% shipping and processing charge.
Once we receive the returned product, we will refund the purchase price less original shipping and handling fees (if any). We will notify you once your return has been received and we have issued your refund. In all cases, refunds will be given in the same form of payment as the original method of payment. Please allow up to 10 days after we have processed the refund for your bank to credit your account.
To make a return or exchange, please follow these steps:
Obtain a Return Merchandise Authorization (RMA) number. This is required for us to process and track your return. You can obtain an RMA number by calling 0828506438. Please have your order number available.
Include the RMA number inside the box with a copy of your packing slip or original order confirmation.
Ship all unopened and opened product to the fulfillment center at the address listed below. Returns sent to any other address will not be processed. Please keep the tracking number for the return package to ensure it has been received by our warehouse.
Return postage is at the buyer’s expense. Any returned package sent “Return to Sender” will be subject to a 25% processing fee to cover return shipping and handling.
Simple Spectrum Solutions SA
Postnet Lydenburg 1150
Company is required by law to collect sales tax on certain orders based on appropriate state law. Your sales tax will be identified when you place your order. Currently immuneboosters under the Covid-19 regulations are exempt of VAT and thus no tax is charged.
We accept the payment methods as indicated on our Site at any particular time. To make purchases on the Site you must submit credit card information or other payment information. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. All payments must be in United States dollars. Current billing address, email and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid. Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below. You authorize Company to use any updated credit card information submitted by your credit card company. If you dispute any charges, you must inform us within thirty (30) days of your purchase.
We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our site.
All pricing for the products and services available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
All information contained on this Site is intended as general information and should not be construed as medical advice, or used to diagnose, treat or address any medical or health problem. Always consult with a qualified healthcare professional, physician, or other medical practitioner before using dietary supplements including any of the products found on this Site.
Please note this is a supplement and and not registered with the Medical Control Council of South Africa. The product is to be used at own risk.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
RESTRICTIONS ON USE
The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without Company’s express written permission. Company reserves any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13)and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance
- Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act);
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted bylaw, determined by arbitration in Santa Monica, CA before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Simple Spectrum Supplement’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
TRADEMARK AND PATENTS
Simple Spectrum Solutions SA is a contracted distributor for Simple Spectrum Supplement, whether or not appearing in capital letters, bold typeface, or with the trademark symbol, is a registered trademark of Company and may not be used without permission. Use, reproduction, copying, or redistribution of this trademark, without written permission is prohibited. The use or misuse of these trademarks, copyrights, or other materials is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes, and/or regulations.
ALL PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL WE OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NONE OF OUR EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
Although Company attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Information contained on the Site may be changed or updated without notice.
LINKS OR POINTERS TO OTHER SITES
Company makes no representations whatsoever about any other Website that you may access though this Site. When you access a non-Company Website, please understand that it is independent from Company and this Site, and that Company has no control over the content on that Website. In addition, a hyperlink to a non-Company Website does not mean that Company endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
Use of the Site or purchases made through the Site, and any controversy, claim or dispute arising out of or relating in any way to Company’s products or services shall be governed by the laws of South Africa without respect to its choice (or conflict) of laws rules. Any claim or cause of action must be filed in California as set forth herein. In any arbitration or other dispute brought against Company, the prevailing party will be awarded its costs and attorneys’ fees.
Any claim or cause of action you may have with respect to the Site or Company must be commenced within one (1) year after the claim or cause of action arose. Failure to make a claim or cause of action within the one year period will result in forfeiture of your right to make such a claim or cause of action except where prohibited by law.
Agreement to Arbitrate Claims