Terms and Conditions
To protect and promote our brands and reputation for providing high-quality nutritional supplements, Spectrum Innovations Inc (“SII”) has established these Terms and Conditions (the “Terms”), which applies to all Healthcare Professional customers (“HCP”, “you”, “your”) in the Philippines.
By establishing a professional account and by purchasing from SII, which includes Pure Encapsulations® and Douglas Laboratories® (“Products”), to be sold to your patients and clients, you agree to adhere to the following terms.
1. ESTABLISHING A PROFESSIONAL ACCOUNT
Unless separately authorized in writing by SII, by establishing a Professional Account and purchasing our products, you represent and warrant that you:
- Are a physician or a licensed medical professional, certified by, and in good standing with, the Philippine regulatory authority;
- You have provided or will provide a copy of your current license or health practitioner certificate;
- Are purchasing our Products solely for sale to your patients and clients at your place of business as designated by you in your Professional Account application.
2. MANNER OF SALE
- The HCP will sell Products solely to End Consumers in the Philippines. An “End Consumer” is any purchaser of the Products who is the ultimate user and who does not intend to resell the Products to any third party.
3. SALES PRACTICES
- The HCP shall conduct its business in a reasonable and ethical manner at all times and shall not engage in any deceptive, misleading, or unethical practices or advertising at any time.
- The HCP shall comply with any and all applicable laws, rules, regulations, and policies (a) applicable to HCP’s business, and/or (b) related to the marketing and sale of the Products. HCP shall represent the Products in a professional manner and refrain from any conduct that is or could be detrimental to the reputation of SII or the Products.
4. SUPPLEMENT ORDER
- All purchase orders will be made by you or your authorized representative through SII’s designated channels via email at firstname.lastname@example.org.
- All orders are subject to acceptance and availability. If any of the Products ordered are unavailable, you will be informed immediately and will be given the option to either wait until the Product becomes available or remove the Product from the order. SII will make reasonable efforts to fulfill back-ordered Products as soon as they become available, but does not guarantee specific delivery dates.
- All orders will be considered final once the purchase order is acknowledged by SII prior to delivery.
- All orders will be shipped to the HCP’s registered business address within 48 hours from the time the order is confirmed, provided there is no overdue payment and that the credit limit is not exceeded.
- SII will make every effort to deliver your orders promptly but does not guarantee specific times. In case of severe weather or other events beyond SII’s control that interferes with delivery, SII will strive to deliver your order as soon as reasonably possible.
- The HCP is responsible for inspecting all Products received from SII for any damage, broken seals, evidence of tampering or nonconformance (“Defect”) upon delivery. If any Defect is identified, HCP must immediately report to SII at email@example.com.
- All risk in and responsibility for insuring the goods, such as loss or damage to the supplements, shall pass to the HCP upon delivery.
- Proper Storage. All Products shall be stored in a cool, clean, dry place, away from direct sunlight, extreme heat, and dampness, or as instructed in the product’s packaging. You acknowledge the responsibility of ensuring appropriate storage conditions to maintain their quality and integrity following the delivery. SII shall not be liable for any discoloration, damage, or deterioration of the product resulting from improper storage or failure to adhere to the recommended storage instructions.
- SII will replace goods that were incorrectly or mistakenly delivered at no additional cost, provided that the Products are in good condition and fit for resale.
- Returns will only be accepted within seven (7) days of receiving the package. SII reserves the right to deny the return of goods. Returns that have been approved for reasons other than Defect may be subject to a 10% return fee, which will be chargeable to the HCP.
- For returns to be accepted, you must ensure to keep the original Sales Invoice and Delivery Receipt, and that the Product must be in the same condition as it was received, unconsumed and in its original package.
7. PRICING AND DISCOUNT
- Product prices are subject to change at SII’s discretion. These pricing changes will be communicated to all active HCPs by email.
- A standard discount is granted to you upon activation of your professional account.
- From time to time, SII may offer promotions or discounts on our Products which are subject to specific terms and conditions. SII reserves the right to modify or terminate them at any time.
8. PAYMENT AND BILLING
- Payment-first policy applies to all new HCP on their first three (3) transactions.
- All orders shall be payable through Cash, Check or Bank Deposit.
- Payment Term. Payment terms may be extended to the HCP subject to evaluation after the initial three (3) transactions. These terms will be communicated to the HCP with written or electronic notice. SII reserves the right to modify or update the payment terms with prior notice to the HCP.
- Credit Limit. SII may establish a credit limit for the HCP’s account. This limit represents the maximum outstanding balance allowed on the account. Any outstanding balance that exceeds the credit limit shall become immediately due and demandable. Subsequent orders will be put on hold until unpaid invoices have been settled. To avoid delay in delivery of goods, the HCP will be requested to issue check payment upon delivery.
- Late Payment Charges. In case of overdue payments, the HCP shall be subject to a 2% late payment fee. SII reserves the right to suspend or terminate services until outstanding balances are settled.
- SII shall send a Statement of Account (“SOA”) to the HCP’s registered email address within the payment term and before the due date to notify the HCP of the open invoices for settlement.
- Modification. SII reserves the right to update, amend, or modify the Terms with written or electronic notice. Unless otherwise provided, such amendments will take effect immediately and HCP’s continued use, advertising, offering for sale, or sale of the Products, or use of any other information or materials provided by SII to HCP will be deemed HCP’s acceptance of the amendments.
- Force Majeure. SII shall not be deemed to be in breach hereof or liable to the HCP in any manner of any delay in delivery or other performance caused in whole or in part by, or otherwise materially related to, the occurrence of any contingency beyond SII’s control, including without limitation, fire, flood, pandemic, terrorist threats or acts, riot or other civil unrest, war, invasion, hostilities, strikes or other labor disputes, embargoes or transportation delays, shortage of labor, inability to secure fuel, energy, materials, supplies or power at reasonable prices from regular sources or on account of shortages thereof, delays or failures of any of SII’s suppliers to deliver, acts of God or of a public enemy, the effect of any existing or future laws, acts or regulation of any applicable government, or any other commercial impracticability.
In addition to all other available remedies, if the HCP breaches any of these Terms, SII reserves the right to terminate the HCP’s Account with written or electronic notice. Upon termination of a HCP’s Account, the HCP shall immediately cease selling the Products.