WEBSITE TERMS OF SALE (EFFECTIVE AS OF FEBRUARY 1, 2024)
These Terms of Sale (“Terms”) applies to Kent Nutrition Group, Inc. and its parents, subsidiaries, and affiliates (collectively, “Kent”, “we”, “our”, “us”).
These Terms apply to the products you purchase from us through this website. You should review this information carefully prior to making any purchase from us. By placing an order for a purchase through this website, you are agreeing to be bound by these Terms in their entirety. If you are placing an order on behalf of another individual or a non-natural person, you affirm that you are authorized to place that order and bind such person or non-natural person to these Terms.
You may only order products from us if you: (1) are of legal contracting age or older (in most instances 18 years of age); (2) reside in the United States; (3) agree to these Terms; and (4) are not prohibiting from accessing or using this site or purchasing the products we offer. By placing an order, you agree that you meet these requirements. If you do not meet these requirements, you may not place orders through this website.
The products available to you through this website are not intended for resale. By completing a purchase through this website you confirm you will not resell the products or export them outside of the United States of America.
Additionally, your placement of an order is subject to the terms of our Privacy Policy and our Terms of Use.
Acceptance and Cancellation of Orders
Your submission of a purchase request through this website is an offer to purchase the requested product from us and does not constitute acceptance by us of that request. We may choose not to accept your order at any time and for any reason at our sole discretion until the product is delivered, even if a confirmation email has been sent. You agree that we reserve the right not to accept any offer to purchase submitted by you, cancel any order submitted by you, or limit the volume of your purchases, for any reason and without any obligation to detail our reason for declining your offer to purchase. If we do not accept your order we will notify you at the email address you have provided.
Prices and Payment
Prices provided on this website may not be the lowest price available. Prices posted on this website are for the product only and do not include taxes, shipping, and other non-product prices. Additionally, the prices on this website (including any discounts or promotions) are subject to change or revocation without prior notice to you. Provided, however, that the price that will be charged for the product you purchase will be the price in effect at the time you place the order, which will be provided to you in your order confirmation. We reserve the right to correct any pricing errors through means we determine including, but not limited to, cancellation of orders subject to pricing errors. To the extent that we offer any promotions on this website and the terms of those promotions conflict with these Terms, the terms of the promotion shall control.
We reserve the right to accept or decline payment types and methods at our sole discretion and without prior notice to you. Accepted payment methods are provided to you at checkout.
By completing payment you represent and warrant: (1) you are authorized to complete and make the payment through the payment method you authorize; (2) you have provided accurate information to us in order to complete the payment; (3) you have the available funds or balance to make the purchase; and (4) you will pay all charges provided to you during the checkout process.
Subscription
By subscribing to receive products from us on a recurring basis, you agree to these Terms for each shipment provided to you during the subscription period, including permitting us to charge your payment card of record for your subscription. By agreeing to subscribe, you are agreeing to the automatic generation of a new purchase request pursuant to the delivery schedule you provide until your subscription is canceled.
The fee charged to you or discount provided for your subscription is detailed during the checkout process. Your subscription is active until you cancel it as detailed below.
The minimum purchase requirement for subscriptions is [one bag in any size].
We will send you a review email prior to each recurring shipment, which will provide the price to be charged to you and the estimated shipment date. Please contact us no later than [X] hours before your next shipment date to cancel your subscription; cancellations received after that time cannot be guaranteed to be processed.
Any discounts in effect at the time of your order [WILL NOT] be applied to all future subscription orders. Discounts in effect at the time of any specific subscription order [WILL] be given to you for that particular order.
To cancel your subscription simply go to your Account Settings on the website and select Manage Subscriptions to make changes to your service.
IF YOU CANCEL YOUR SUBSCRIPTION AND REACTIVATE IT, YOUR REACTIVATION IS ACCEPTANCE OF THESE SUBSCRIPTION TERMS. IF YOU DO NOT AGREE TO THESE TERMS RELATED TO SUBSCRIPTION YOU MUST CANCEL YOUR SUBSCRIPTION.
If these terms related to subscription materially change, we will provide notice to you at the email address you have provided to us.
Shipments and Delivery
We will arrange for the shipment of the product you purchase to you. The shipping and handling costs you pay are reimbursement for the costs we incur.
You understand that deliveries may be delayed and any estimated delivery date is not a promise to complete delivery by that date. We are not responsible for any delays in shipping or delivery.
Title and Risk of Loss
Title and risk of loss transfers to you at delivery of the product to the destination you have provided/upon initial delivery to common courier for delivery to you.
Returns and Refunds
In order to request a return of your purchased product, you must complete our Return Merchandise Authorization (“RMA”) process. You may contact customer service by e-mail at service@kentww.com for this information. Returns will not be accepted that do not complete this process.
When you return a product you will receive a full refund of the product purchase initially charged to you. You are responsible for all charges in returning the product to us. Title and risk of loss of any returned product does not pass until we receive the product; for that reason we highly encourage that you obtain tracking information for any return and consider purchasing insurance for your return. Payment will be returned to the payment method you selected during the checkout process. Refunds are processed within 10 days of completion of the return process.
From time to time, we may designate products as non-returnable. If the product you purchase is subject to this designation it will not be eligible for return to us or a refund.
Returns must be requested within 30 days of the date the product is delivered to you.
Your product may also contain a product guarantee as indicated on the product packaging. Such guarantee shall continue to apply to your purchases.
Warranties and Disclaimers; Limitation of Liability
YOUR USE OF THE PRODUCTS YOU PURCHASE THROUGH THIS WEBSITE IS MADE AT YOUR SOLE RISK. OUR PRODUCTS ARE SOLD THROUGH THIS SITE ON AN ‘AS-IS’ AND ‘AS AVAILABLE’ BASIS, UNLES WE INDICATE OTHERWISE IN WRITING. NO REPRESENTATIONS OF ANY KIND ARE MADE, EXPRESS OR IMPLIED, FOR THE GOODS WE SELL TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE MADE IN WRITING BY US TO YOU.
TO THE EXTENT PERMITTED BY APPLICABLE LAW:
- WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
- WE WILL NOT BE LIABLE FOR ANY DAMAGES GREATER THAN THE PURCHASE PRICE YOU PAID FOR THE GOODS GIVING RISE TO ANY CLAIM YOU HAVE, MAKE, OR PRESENT TO US, ARISING FROM THE PRODUCTS YOU PURCHASE FROM US.
- WE WILL NOT BE LIABLE FOR ANY INDIRECT OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE DAMAGES, LOSS OF BRAND REPUTATION, CONSEQUENTIAL DAMAGES, UNLESS WE AGREE OTHERWISE IN WRITING.
We are not responsible for any damages you incur resulting from the actions or inactions of any third party that does not directly relate to our performance of our contract with you. We are also not responsible for any loss, damages, costs, or claims resulting from your fault or mistake.
Where not restricted by applicable law, you agree that our liability to you arising under or related to these Terms, your attempted purchase, or completed purchase of products is limited to the price paid by you for that product.
Governing Law and Jurisdiction
These Terms are governed by Iowa law, without regard to any conflicts of laws principals that would require the application of the law of any other jurisdiction. Each of you and Kent agrees to submit any dispute arising from or related to these Terms or the goods your purchase or request to purchase to the exclusive jurisdiction of the State and Federal Courts located in Muscatine County, Iowa.
Assignment
You may not assign any of your rights or delegate any of your obligations under these We may assign or transfer any our rights or obligations under these Terms to a third party. Where possible we will provide you with prior notice
No Waivers
Any failure by us to enforce any right granted to us under these Terms or any other provision will not constitute a waiver
No Third-Party Beneficiaries
Only you and Kent have the right to enforce these Terms; no rights are granted to any third parties under these Terms.
Contact
To contact us:
Mailing Address
Kent Nutrition Group
Attn: Customer Service
2905 US Highway 61 N
Muscatine, IA 52761
Phone (866) 647-1212
Waiver and Severability
No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement; Amendment
These Terms make up the entirety of the agreement between you and us related to your purchase of the products.
We reserve the right to remove, update, or amend these Terms in our sole discretion without notice. Any submission of future orders after these Terms are updated or amended is an offer by you to purchase products pursuant to those terms.